Bill Text: TX SB2238 | 2017-2018 | 85th Legislature | Comm Sub


Bill Title: Relating to certain sexual offenses and certain other offenses involving conduct of a sexual nature, including the creation of the criminal offenses of sexual coercion, indecent assault, and possession or promotion of lewd visual material depicting a child, and to certain criminal acts committed in relation to those offenses.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2017-05-23 - Placed on General State Calendar [SB2238 Detail]

Download: Texas-2017-SB2238-Comm_Sub.html
  85R29822 JRR-D
 
  By: Garcia S.B. No. 2238
 
  (Dale, Moody)
 
  Substitute the following for S.B. No. 2238:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain sexual offenses and certain other offenses
  involving conduct of a sexual nature, including the creation of the
  criminal offenses of sexual coercion, indecent assault, and
  possession or promotion of lewd visual material depicting a child,
  and to certain criminal acts committed in relation to those
  offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 21, Penal Code, is amended by adding
  Section 21.18 to read as follows:
         Sec. 21.18.  SEXUAL COERCION. (a)  In this section:
               (1)  "Intimate visual material" means the visual
  material described by Section 21.16(b)(1) or (c), as added by
  Chapter 852 (S.B. 1135), Acts of the 84th Legislature, Regular
  Session, 2015.
               (2)  "Sexual conduct" has the meaning assigned by
  Section 43.25.
         (b)  A person commits an offense if:
               (1)  with the intent to coerce another person either to
  engage in sexual conduct or to produce, provide, or distribute
  intimate visual material, the actor communicates a threat:
                     (A)  against the other person's person, property,
  or reputation; or 
                     (B)  to distribute or cause distribution of
  intimate visual material of the other person; or
               (2)  the actor knowingly causes another person to
  engage in sexual conduct or to produce, provide, or distribute
  intimate visual material, by means of a threat:
                     (A)  against the other person's person, property,
  or reputation; or
                     (B)  to distribute or cause distribution of
  intimate visual material of the other person.
         (c)  This section applies to a threat regardless of how that
  threat is communicated, including a threat transmitted through
  e-mail or an Internet website, social media account, or chat room
  and a threat made by other electronic or technological means.
         (d)  An offense under this section is a state jail felony,
  except that the offense is a felony of the third degree if it is
  shown on the trial of the offense that the defendant has previously
  been convicted of an offense under this section.
         (e)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 2.  Section 22.011, Penal Code, is amended by
  amending Subsection (b) and adding Subsection (e-1) to read as
  follows:
         (b)  A sexual assault under Subsection (a)(1) is without the
  consent of the other person if:
               (1)  the actor compels the other person to submit or
  participate by the use of physical force, [or] violence, or
  coercion;
               (2)  the actor compels the other person to submit or
  participate by threatening to use force or violence against the
  other person or to cause harm to the other person, and the other
  person believes that the actor has the present ability to execute
  the threat;
               (3)  the other person has not consented and the actor
  knows the other person is:
                     (A)  unconscious;
                     (B)  [or] physically unable to resist;
                     (C)  incapable of appraising the nature of the
  act; or
                     (D)  unaware that the sexual assault is occurring;
               (4)  the actor knows that as a result of mental disease
  or defect the other person is at the time of the sexual assault
  incapable either of appraising the nature of the act or of resisting
  it;
               (5)  [the other person has not consented and the actor
  knows the other person is unaware that the sexual assault is
  occurring;
               [(6)     the actor has intentionally impaired the other
  person's power to appraise or control the other person's conduct by
  administering any substance without the other person's knowledge;
               [(7)]  the actor compels the other person to submit or
  participate by threatening to use force or violence against any
  person, and the other person believes that the actor has the ability
  to execute the threat;
               (6) [(8)     the actor is a public servant who coerces the
  other person to submit or participate;
               [(9)]  the actor is a mental health services provider
  or a health care services provider who causes the other person, who
  is a patient or former patient of the actor, to submit or
  participate by exploiting the other person's emotional dependency
  on the actor;
               (7) [(10)]  the actor is a clergyman who causes the
  other person to submit or participate by exploiting the other
  person's emotional dependency on the clergyman in the clergyman's
  professional character as spiritual adviser; [or]
               (8) [(11)]  the actor is an employee of a facility
  where the other person is a resident, unless the employee and
  resident are formally or informally married to each other under
  Chapter 2, Family Code; or
               (9)  the actor knows that the other person has
  withdrawn consent to the act and the actor persists in the act after
  consent is withdrawn.
         (e-1)  It is not a defense to prosecution under this section
  that the actor mistakenly believed that the other person consented
  to the conduct if a reasonable person should have known or
  understood that the other person did not consent to the conduct.
         SECTION 3.  Chapter 22, Penal Code, is amended by adding
  Section 22.012 to read as follows:
         Sec. 22.012.  INDECENT ASSAULT. (a) A person commits an
  offense if, without the other person's consent and with the intent
  to arouse or gratify the sexual desire of any person, the person:
               (1)  touches, including through clothing, the anus,
  breast, or any part of the genitals of another person;
               (2)  touches another person, including through
  clothing, with the anus, breast, or any part of the genitals of any
  person;
               (3)  exposes or attempts to expose another person's
  genitals, pubic area, anus, buttocks, or female areola; or
               (4)  causes another person to contact the blood,
  seminal fluid, vaginal fluid, saliva, urine, or feces of any
  person, including contact occurring through clothing.
         (b)  An offense under this section is a Class A misdemeanor.
         (c)  If conduct that constitutes an offense under this
  section also constitutes an offense under another law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 4.  Section 22.021, Penal Code, is amended by
  amending Subsection (a) and adding Subsection (d-1) to read as
  follows:
         (a)  A person commits an offense:
               (1)  if the person:
                     (A)  intentionally or knowingly:
                           (i)  causes the penetration of the anus or
  sexual organ of another person by any means, without that person's
  consent;
                           (ii)  causes the penetration of the mouth of
  another person by the sexual organ of the actor, without that
  person's consent; or
                           (iii)  causes the sexual organ of another
  person, without that person's consent, to contact or penetrate the
  mouth, anus, or sexual organ of another person, including the
  actor; or
                     (B)  intentionally or knowingly:
                           (i)  causes the penetration of the anus or
  sexual organ of a child by any means;
                           (ii)  causes the penetration of the mouth of
  a child by the sexual organ of the actor;
                           (iii)  causes the sexual organ of a child to
  contact or penetrate the mouth, anus, or sexual organ of another
  person, including the actor;
                           (iv)  causes the anus of a child to contact
  the mouth, anus, or sexual organ of another person, including the
  actor; or
                           (v)  causes the mouth of a child to contact
  the anus or sexual organ of another person, including the actor; and
               (2)  if:
                     (A)  the person:
                           (i)  causes serious bodily injury or
  attempts to cause the death of the victim or another person in the
  course of the same criminal episode;
                           (ii)  by acts or words places the victim in
  fear that any person will become the victim of an offense under
  Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
  bodily injury, or kidnapping will be imminently inflicted on any
  person;
                           (iii)  by acts or words occurring in the
  presence of the victim threatens to cause any person to become the
  victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
  to cause the death, serious bodily injury, or kidnapping of any
  person;
                           (iv)  uses or exhibits a deadly weapon in the
  course of the same criminal episode;
                           (v)  acts in concert with another who
  engages in conduct described by Subdivision (1) directed toward the
  same victim and occurring during the course of the same criminal
  episode; or
                           (vi)  with the intent of facilitating the
  commission of the offense, administers or provides [flunitrazepam,
  otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine] to
  the victim of the offense any substance capable of impairing the
  victim's ability to appraise the nature of the act or to resist the
  act [with the intent of facilitating the commission of the
  offense];
                     (B)  the victim is younger than 14 years of age; or
                     (C)  the victim is an elderly individual or a
  disabled individual.
         (d-1)  It is not a defense to prosecution under this section
  that the actor mistakenly believed that the other person consented
  to the conduct if a reasonable person should have known or
  understood that the other person did not consent to the conduct.
         SECTION 5.  Subchapter B, Chapter 43, Penal Code, is amended
  by adding Section 43.262 to read as follows:
         Sec. 43.262.  POSSESSION OR PROMOTION OF LEWD VISUAL
  MATERIAL DEPICTING CHILD. (a) In this section:
               (1)  "Promote" and "sexual conduct" have the meanings
  assigned by Section 43.25.
               (2)  "Visual material" has the meaning assigned by
  Section 43.26.
         (b)  A person commits an offense if the person knowingly
  possesses, accesses with intent to view, or promotes visual
  material that:
               (1)  depicts the lewd exhibition of the genitals or
  pubic area of an unclothed, partially clothed, or clothed child who
  is younger than 18 years of age at the time the visual material was
  created;
               (2)  appeals to the prurient interest in sex; and
               (3)  has no serious literary, artistic, political, or
  scientific value.
         (c)  An offense under this section is a state jail felony,
  except that the offense is:
               (1)  a felony of the third degree if it is shown on the
  trial of the offense that the person has been previously convicted
  one time of an offense under this section or Section 43.26; and
               (2)  a felony of the second degree if it is shown on the
  trial of the offense that the person has been previously convicted
  two or more times of an offense under this section or Section 43.26.
         (d)  It is not a defense to prosecution under this section
  that the depicted child consented to the creation of the visual
  material. 
         SECTION 6.  The heading to Chapter 7A, Code of Criminal
  Procedure, is amended to read as follows:
  CHAPTER 7A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
  ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING
         SECTION 7.  Article 7A.01(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  The following persons may file an application for a
  protective order under this chapter without regard to the
  relationship between the applicant and the alleged offender:
               (1)  a person who is the victim of an offense under
  Section 21.02, 21.11, 22.011, 22.012, 22.021, or 42.072, Penal
  Code;
               (2)  a person who is the victim of an offense under
  Section 20A.02, 20A.03, or 43.05, Penal Code;
               (3)  a parent or guardian acting on behalf of a person
  younger than 17 years of age who is the victim of an offense listed
  in Subdivision (1);
               (4)  a parent or guardian acting on behalf of a person
  younger than 18 years of age who is the victim of an offense listed
  in Subdivision (2); or
               (5)  a prosecuting attorney acting on behalf of a
  person described by Subdivision (1), (2), (3), or (4).
         SECTION 8.  Article 7A.02, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 7A.02.  TEMPORARY EX PARTE ORDER. If the court finds
  from the information contained in an application for a protective
  order that there is a clear and present danger of sexual assault or
  abuse, indecent assault, stalking, trafficking, or other harm to
  the applicant, the court, without further notice to the alleged
  offender and without a hearing, may enter a temporary ex parte order
  for the protection of the applicant or any other member of the
  applicant's family or household.
         SECTION 9.  Article 7A.03(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  At the close of a hearing on an application for a
  protective order under this chapter, the court shall find whether
  there are reasonable grounds to believe that the applicant is the
  victim of sexual assault or abuse, indecent assault, stalking, or
  trafficking.
         SECTION 10.  Article 7A.035, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 7A.035.  HEARSAY STATEMENT OF CHILD VICTIM. In a
  hearing on an application for a protective order under this
  chapter, a statement that is made by a child younger than 14 years
  of age who is the victim of an offense under Section 21.02, 21.11,
  22.011, 22.012, or 22.021, Penal Code, and that describes the
  offense committed against the child is admissible as evidence in
  the same manner that a child's statement regarding alleged abuse
  against the child is admissible under Section 104.006, Family Code,
  in a suit affecting the parent-child relationship.
         SECTION 11.  Articles 17.292(a) and (g), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  At a defendant's appearance before a magistrate after
  arrest for an offense involving family violence or an offense under
  Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal
  Code, the magistrate may issue an order for emergency protection on
  the magistrate's own motion or on the request of:
               (1)  the victim of the offense;
               (2)  the guardian of the victim;
               (3)  a peace officer; or
               (4)  the attorney representing the state.
         (g)  An order for emergency protection issued under this
  article must contain the following statements printed in bold-face
  type or in capital letters:
         "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
  BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
  CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH.  AN ACT THAT
  RESULTS IN [FAMILY VIOLENCE OR] A SEPARATE [STALKING OR
  TRAFFICKING] OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR
  FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A VIOLATION OF THIS
  ORDER.  IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS
  PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.  THE
  POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS
  DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
  AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
  SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
  SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         SECTION 12.  The heading to Article 56.021, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 56.021.  RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE,
  INDECENT ASSAULT, STALKING, OR TRAFFICKING.
         SECTION 13.  (a)  Article 56.021(d), Code of Criminal
  Procedure, as added by Chapter 1032 (H.B. 1447), Acts of the 84th
  Legislature, Regular Session, 2015, is amended to read as follows:
         (d)  This subsection applies only to a victim of an offense
  under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
  42.072, or 43.05, Penal Code.  In addition to the rights enumerated
  in Article 56.02 and, if applicable, Subsection (a) of this
  article, a victim described by this subsection or a parent or
  guardian of the victim is entitled to the following rights within
  the criminal justice system:
               (1)  the right to request that the attorney
  representing the state, subject to the Texas Disciplinary Rules of
  Professional Conduct, file an application for a protective order
  under Article 7A.01 on behalf of the victim;
               (2)  the right to be informed:
                     (A)  that the victim or the victim's parent or
  guardian, as applicable, may file an application for a protective
  order under Article 7A.01;
                     (B)  of the court in which the application for a
  protective order may be filed; and
                     (C)  that, on request of the victim or the
  victim's parent or guardian, as applicable, and subject to the
  Texas Disciplinary Rules of Professional Conduct, the attorney
  representing the state may file the application for a protective
  order;
               (3)  if the victim or the victim's parent or guardian,
  as applicable, is present when the defendant is convicted or placed
  on deferred adjudication community supervision, the right to be
  given by the court the information described by Subdivision (2)
  and, if the court has jurisdiction over applications for protective
  orders that are filed under Article 7A.01, the right to file an
  application for a protective order immediately following the
  defendant's conviction or placement on deferred adjudication
  community supervision; and
               (4)  if the victim or the victim's parent or guardian,
  as applicable, is not present when the defendant is convicted or
  placed on deferred adjudication community supervision, the right to
  be given by the attorney representing the state the information
  described by Subdivision (2).
         (b)  Article 56.021(d), Code of Criminal Procedure, as added
  by Chapter 1153 (S.B. 630), Acts of the 84th Legislature, Regular
  Session, 2015, is repealed as duplicative of Article 56.021(d),
  Code of Criminal Procedure, as added by Chapter 1032 (H.B. 1447),
  Acts of the 84th Legislature, Regular Session, 2015.
         SECTION 14.  Sections 411.042(b) and (g), Government Code,
  are amended to read as follows:
         (b)  The bureau of identification and records shall:
               (1)  procure and file for record photographs, pictures,
  descriptions, fingerprints, measurements, and other pertinent
  information of all persons arrested for or charged with a criminal
  offense or convicted of a criminal offense, regardless of whether
  the conviction is probated;
               (2)  collect information concerning the number and
  nature of offenses reported or known to have been committed in the
  state and the legal steps taken in connection with the offenses, and
  other information useful in the study of crime and the
  administration of justice, including information that enables the
  bureau to create a statistical breakdown of:
                     (A)  offenses in which family violence was
  involved;
                     (B)  offenses under Sections 22.011 and 22.021,
  Penal Code; and
                     (C)  offenses under Sections 20A.02 and 43.05,
  Penal Code;
               (3)  make ballistic tests of bullets and firearms and
  chemical analyses of bloodstains, cloth, materials, and other
  substances for law enforcement officers of the state;
               (4)  cooperate with identification and crime records
  bureaus in other states and the United States Department of
  Justice;
               (5)  maintain a list of all previous background checks
  for applicants for any position regulated under Chapter 1702,
  Occupations Code, who have undergone a criminal history background
  check under Section 411.119, if the check indicates a Class B
  misdemeanor or equivalent offense or a greater offense;
               (6)  collect information concerning the number and
  nature of protective orders and magistrate's orders of emergency
  protection and all other pertinent information about all persons
  subject to active orders, including pertinent information about
  persons subject to conditions of bond imposed for the protection of
  the victim in any family violence, sexual assault or abuse,
  indecent assault, stalking, or trafficking case. Information in
  the law enforcement information system relating to an active order
  shall include:
                     (A)  the name, sex, race, date of birth, personal
  descriptors, address, and county of residence of the person to whom
  the order is directed;
                     (B)  any known identifying number of the person to
  whom the order is directed, including the person's social security
  number or driver's license number;
                     (C)  the name and county of residence of the
  person protected by the order;
                     (D)  the residence address and place of employment
  or business of the person protected by the order, unless that
  information is excluded from the order under Section 85.007, Family
  Code, or Article 17.292(e), Code of Criminal Procedure;
                     (E)  the child-care facility or school where a
  child protected by the order normally resides or which the child
  normally attends, unless that information is excluded from the
  order under Section 85.007, Family Code, or Article 17.292(e), Code
  of Criminal Procedure;
                     (F)  the relationship or former relationship
  between the person who is protected by the order and the person to
  whom the order is directed;
                     (G)  the conditions of bond imposed on the person
  to whom the order is directed, if any, for the protection of a
  victim in any family violence, sexual assault or abuse, indecent
  assault, stalking, or trafficking case;
                     (H)  any minimum distance the person subject to
  the order is required to maintain from the protected places or
  persons; and
                     (I)  the date the order expires;
               (7)  grant access to criminal history record
  information in the manner authorized under Subchapter F;
               (8)  collect and disseminate information regarding
  offenders with mental impairments in compliance with Chapter 614,
  Health and Safety Code; and
               (9)  record data and maintain a state database for a
  computerized criminal history record system and computerized
  juvenile justice information system that serves:
                     (A)  as the record creation point for criminal
  history record information and juvenile justice information
  maintained by the state; and
                     (B)  as the control terminal for the entry of
  records, in accordance with federal law and regulations, federal
  executive orders, and federal policy, into the federal database
  maintained by the Federal Bureau of Investigation.
         (g)  The department may adopt reasonable rules under this
  section relating to:
               (1)  law enforcement information systems maintained by
  the department;
               (2)  the collection, maintenance, and correction of
  records;
               (3)  reports of criminal history information submitted
  to the department;
               (4)  active protective orders and reporting procedures
  that ensure that information relating to the issuance and dismissal
  of an active protective order is reported to the local law
  enforcement agency at the time of the order's issuance or dismissal
  and entered by the local law enforcement agency in the state's law
  enforcement information system;
               (5)  the collection of information described by
  Subsection (h);
               (6)  a system for providing criminal history record
  information through the criminal history clearinghouse under
  Section 411.0845; and
               (7)  active conditions of bond imposed on a defendant
  for the protection of a victim in any family violence, sexual
  assault or abuse, indecent assault, stalking, or trafficking case,
  and reporting procedures that ensure that information relating to
  the issuance, modification, or removal of the conditions of bond is
  reported, at the time of the issuance, modification, or removal,
  to:
                     (A)  the victim or, if the victim is deceased, a
  close relative of the victim; and
                     (B)  the local law enforcement agency for entry by
  the local law enforcement agency in the state's law enforcement
  information system.
         SECTION 15.  The heading to Section 25.07, Penal Code, is
  amended to read as follows:
         Sec. 25.07.  VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
  OF BOND IN A FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE, INDECENT
  ASSAULT, STALKING, OR TRAFFICKING CASE.
         SECTION 16.  Section 25.07(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if, in violation of a
  condition of bond set in a family violence, sexual assault or abuse,
  indecent assault, stalking, or trafficking case and related to the
  safety of a victim or the safety of the community, an order issued
  under Chapter 7A, Code of Criminal Procedure, an order issued under
  Article 17.292, Code of Criminal Procedure, an order issued under
  Section 6.504, Family Code, Chapter 83, Family Code, if the
  temporary ex parte order has been served on the person, or Chapter
  85, Family Code, or an order issued by another jurisdiction as
  provided by Chapter 88, Family Code, the person knowingly or
  intentionally:
               (1)  commits family violence or an act in furtherance
  of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
  42.072;
               (2)  communicates:
                     (A)  directly with a protected individual or a
  member of the family or household in a threatening or harassing
  manner;
                     (B)  a threat through any person to a protected
  individual or a member of the family or household; or
                     (C)  in any manner with the protected individual
  or a member of the family or household except through the person's
  attorney or a person appointed by the court, if the violation is of
  an order described by this subsection and the order prohibits any
  communication with a protected individual or a member of the family
  or household;
               (3)  goes to or near any of the following places as
  specifically described in the order or condition of bond:
                     (A)  the residence or place of employment or
  business of a protected individual or a member of the family or
  household; or
                     (B)  any child care facility, residence, or school
  where a child protected by the order or condition of bond normally
  resides or attends;
               (4)  possesses a firearm;
               (5)  harms, threatens, or interferes with the care,
  custody, or control of a pet, companion animal, or assistance
  animal that is possessed by a person protected by the order or
  condition of bond; or
               (6)  removes, attempts to remove, or otherwise tampers
  with the normal functioning of a global positioning monitoring
  system.
         SECTION 17.  Section 25.07(b), Penal Code, is amended by
  adding Subdivision (8) to read as follows:
               (8)  "Indecent assault" means any conduct that
  constitutes an offense under Section 22.012.
         SECTION 18.  The heading to Section 25.072, Penal Code, is
  amended to read as follows:
         Sec. 25.072.  REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
  CONDITIONS OF BOND IN FAMILY VIOLENCE, SEXUAL ASSAULT OR ABUSE,
  INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE.
         SECTION 19.  Chapter 7A, Code of Criminal Procedure, as
  amended by this Act, and Article 17.292, Code of Criminal
  Procedure, as amended by this Act, apply only to a protective order
  or magistrate's order for emergency protection that is issued on or
  after the effective date of this Act.  An order issued before the
  effective date of this Act is governed by the law in effect on the
  date the order is issued, and the former law is continued in effect
  for that purpose.
         SECTION 20.  Article 56.021(d), Code of Criminal Procedure,
  as amended by this Act, applies to a victim of criminally injurious
  conduct for which a judgment of conviction is entered or a grant of
  deferred adjudication is made on or after the effective date of this
  Act, regardless of whether the criminally injurious conduct
  occurred before, on, or after the effective date of this Act.
         SECTION 21.  Sections 22.011, 22.021, 25.07, and 25.072,
  Penal Code, as amended by this Act, apply only to an offense
  committed on or after the effective date of this Act. An offense
  committed before the effective date of this Act is governed by the
  law in effect on the date the offense was committed, and the former
  law is continued in effect for that purpose. For purposes of this
  section, an offense was committed before the effective date of this
  Act if any element of the offense occurred before that date.
         SECTION 22.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 23.  This Act takes effect September 1, 2017.
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