|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the prosecution and punishment of offenses related to |
|
trafficking of persons and to certain protections for victims of |
|
trafficking of persons. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Chapter 7A, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
CHAPTER 7A. PROTECTIVE ORDER FOR [CERTAIN] VICTIMS OF [TRAFFICKING
|
|
OR] SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING |
|
SECTION 2. Article 7A.01(a), Code of Criminal Procedure, as |
|
amended by Chapters 1 (S.B. 24) and 135 (S.B. 250), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and 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, 22.021, or 42.072, Penal Code; |
|
(2) a person who is the victim of an offense under |
|
Section 20A.02 [20A.02(a)(3), (4), (7), or (8)] or [Section] 43.05, |
|
Penal Code; |
|
(3) a parent or guardian acting on behalf of a person |
|
younger than 17 [18] 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 [or] (2); or |
|
(5) [(4)] a prosecuting attorney acting on behalf of a |
|
person described by Subdivision (1) or (2). |
|
SECTION 3. 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, 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 4. Article 7A.03, Code of Criminal Procedure, as |
|
amended by Chapters 135 (S.B. 250) and 238 (H.B. 649), Acts of the |
|
82nd Legislature, Regular Session, 2011, is reenacted and amended |
|
to read as follows: |
|
Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
|
ORDER. (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,[; or] stalking, or trafficking. |
|
(b) If the court makes a finding described by Subsection (a) |
|
[(a)(1) or (2)], the court shall issue a protective order that |
|
includes a statement of the required findings. |
|
SECTION 5. Article 7A.07(b), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(b) The following persons may file at any time an |
|
application with the court to rescind the protective order: |
|
(1) a victim of an offense listed in Article |
|
7A.01(a)(1) [A victim] who is 17 years of age or older or a parent or |
|
guardian acting on behalf of a victim who is younger than 17 years |
|
of age; or |
|
(2) a victim of an offense listed in Article |
|
7A.01(a)(2) or a parent or guardian acting on behalf of a victim who |
|
is younger than 18 years of age [may file at any time an application
|
|
with the court to rescind the protective order]. |
|
SECTION 6. Article 12.01, Code of Criminal Procedure, as |
|
amended by Chapters 1 (S.B. 24), 122 (H.B. 3000), 222 (H.B. 253), |
|
and 620 (S.B. 688), Acts of the 82nd Legislature, Regular Session, |
|
2011, is reenacted and amended to read as follows: |
|
Art. 12.01. FELONIES. Except as provided in Article 12.03, |
|
felony indictments may be presented within these limits, and not |
|
afterward: |
|
(1) no limitation: |
|
(A) murder and manslaughter; |
|
(B) sexual assault under Section 22.011(a)(2), |
|
Penal Code, or aggravated sexual assault under Section |
|
22.021(a)(1)(B), Penal Code; |
|
(C) sexual assault, if during the investigation |
|
of the offense biological matter is collected and subjected to |
|
forensic DNA testing and the testing results show that the matter |
|
does not match the victim or any other person whose identity is |
|
readily ascertained; |
|
(D) continuous sexual abuse of young child or |
|
children under Section 21.02, Penal Code; |
|
(E) indecency with a child under Section 21.11, |
|
Penal Code; |
|
(F) an offense involving leaving the scene of an |
|
accident under Section 550.021, Transportation Code, if the |
|
accident resulted in the death of a person; [or] |
|
(G) trafficking of persons under Section |
|
20A.02(a)(7) or (8), Penal Code; |
|
(H) [(G)] continuous trafficking of persons |
|
under Section 20A.03, Penal Code; or |
|
(I) compelling prostitution under Section |
|
43.05(a)(2), Penal Code; |
|
(2) ten years from the date of the commission of the |
|
offense: |
|
(A) theft of any estate, real, personal or mixed, |
|
by an executor, administrator, guardian or trustee, with intent to |
|
defraud any creditor, heir, legatee, ward, distributee, |
|
beneficiary or settlor of a trust interested in such estate; |
|
(B) theft by a public servant of government |
|
property over which he exercises control in his official capacity; |
|
(C) forgery or the uttering, using or passing of |
|
forged instruments; |
|
(D) injury to an elderly or disabled individual |
|
punishable as a felony of the first degree under Section 22.04, |
|
Penal Code; |
|
(E) sexual assault, except as provided by |
|
Subdivision (1); |
|
(F) arson; |
|
(G) trafficking of persons under Section |
|
20A.02(a)(1), (2), (3), or (4), Penal Code; or |
|
(H) compelling prostitution under Section |
|
43.05(a)(1), Penal Code; |
|
(3) seven years from the date of the commission of the |
|
offense: |
|
(A) misapplication of fiduciary property or |
|
property of a financial institution; |
|
(B) securing execution of document by deception; |
|
(C) a felony violation under Chapter 162, Tax |
|
Code; |
|
(D) false statement to obtain property or credit |
|
under Section 32.32, Penal Code; |
|
(E) money laundering; |
|
(F) credit card or debit card abuse under Section |
|
32.31, Penal Code; |
|
(G) fraudulent use or possession of identifying |
|
information under Section 32.51, Penal Code; [or] |
|
(H) Medicaid fraud under Section 35A.02, Penal |
|
Code; or |
|
(I) [(H)] bigamy under Section 25.01, Penal |
|
Code, except as provided by Subdivision (6); |
|
(4) five years from the date of the commission of the |
|
offense: |
|
(A) theft or robbery; |
|
(B) except as provided by Subdivision (5), |
|
kidnapping or burglary; |
|
(C) injury to an elderly or disabled individual |
|
that is not punishable as a felony of the first degree under Section |
|
22.04, Penal Code; |
|
(D) abandoning or endangering a child; or |
|
(E) insurance fraud; |
|
(5) if the investigation of the offense shows that the |
|
victim is younger than 17 years of age at the time the offense is |
|
committed, 20 years from the 18th birthday of the victim of one of |
|
the following offenses: |
|
(A) sexual performance by a child under Section |
|
43.25, Penal Code; |
|
(B) aggravated kidnapping under Section |
|
20.04(a)(4), Penal Code, if the defendant committed the offense |
|
with the intent to violate or abuse the victim sexually; or |
|
(C) burglary under Section 30.02, Penal Code, if |
|
the offense is punishable under Subsection (d) of that section and |
|
the defendant committed the offense with the intent to commit an |
|
offense described by Subdivision (1)(B) or (D) of this article or |
|
Paragraph (B) of this subdivision; |
|
(6) ten years from the 18th birthday of the victim of |
|
the offense: |
|
(A) trafficking of persons under Section |
|
20A.02(a)(5) or (6), Penal Code; |
|
(B) injury to a child under Section 22.04, Penal |
|
Code; or |
|
(C) [compelling prostitution under Section
|
|
43.05(a)(2), Penal Code; or
|
|
[(B)] bigamy under Section 25.01, Penal Code, if |
|
the investigation of the offense shows that the person, other than |
|
the legal spouse of the defendant, whom the defendant marries or |
|
purports to marry or with whom the defendant lives under the |
|
appearance of being married is younger than 18 years of age at the |
|
time the offense is committed; or |
|
(7) three years from the date of the commission of the |
|
offense: all other felonies. |
|
SECTION 7. Section 4(d), Article 42.12, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(d) A defendant is not eligible for community supervision |
|
under this section if the defendant: |
|
(1) is sentenced to a term of imprisonment that |
|
exceeds 10 years; |
|
(2) is convicted of a state jail felony for which |
|
suspension of the imposition of the sentence occurs automatically |
|
under Section 15(a); |
|
(3) does not file a sworn motion under Subsection (e) |
|
of this section or for whom the jury does not enter in the verdict a |
|
finding that the information contained in the motion is true; |
|
(4) is convicted of an offense for which punishment is |
|
increased under Section 481.134(c), (d), (e), or (f), Health and |
|
Safety Code, if it is shown that the defendant has been previously |
|
convicted of an offense for which punishment was increased under |
|
any one of those subsections; |
|
(5) is convicted of an offense listed in Section |
|
3g(a)(1)(C), (E), or (H), if the victim of the offense was younger |
|
than 14 years of age at the time the offense was committed; |
|
(6) is convicted of an offense listed in Section |
|
3g(a)(1)(D), if the victim of the offense was younger than 14 years |
|
of age at the time the offense was committed and the actor committed |
|
the offense with the intent to violate or abuse the victim sexually; |
|
(7) is convicted of an offense listed in Section |
|
3g(a)(1)(J), (L), or (M); or |
|
(8) is adjudged guilty of an offense under Section |
|
19.02, Penal Code. |
|
SECTION 8. Article 56.32(a), Code of Criminal Procedure, is |
|
amended by adding Subdivision (14) to read as follows: |
|
(14) "Trafficking of persons" means any offense that |
|
results in a person engaging in forced labor or services and that |
|
may be prosecuted under Section 20A.02, 20A.03, 43.03, 43.04, |
|
43.05, 43.25, 43.251, or 43.26, Penal Code. |
|
SECTION 9. Article 56.42(d), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(d) A victim who is a victim of family violence, a victim of |
|
trafficking of persons, or a victim of sexual assault who is |
|
assaulted in the victim's place of residence may receive a |
|
onetime-only assistance payment in an amount not to exceed: |
|
(1) $2,000 to be used for relocation expenses, |
|
including expenses for rental deposit, utility connections, |
|
expenses relating to the moving of belongings, motor vehicle |
|
mileage expenses, and for out-of-state moves, transportation, |
|
lodging, and meals; and |
|
(2) $1,800 to be used for housing rental expenses. |
|
SECTION 10. Article 56.81, Code of Criminal Procedure, is |
|
amended by adding Subdivision (7) to read as follows: |
|
(7) "Trafficking of persons" means any offense that |
|
results in a person engaging in forced labor or services and that |
|
may be prosecuted under Section 20A.02, 20A.03, 43.03, 43.04, |
|
43.05, 43.25, 43.251, or 43.26, Penal Code. |
|
SECTION 11. Article 56.82(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) The attorney general shall establish an address |
|
confidentiality program, as provided by this subchapter, to assist |
|
a victim of family violence, trafficking of persons, or an offense |
|
under Section 22.011, 22.021, 25.02, or 42.072, Penal Code, in |
|
maintaining a confidential address. |
|
SECTION 12. Articles 56.83(a), (b), and (e), Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(a) To be eligible to participate in the program, an |
|
applicant must: |
|
(1) meet with a victim's assistance counselor from a |
|
state or local agency or other entity, whether for-profit or |
|
nonprofit that is identified by the attorney general as an entity |
|
that provides counseling and shelter services to victims of family |
|
violence, trafficking of persons, or an offense under Section |
|
22.011, 22.021, 25.02, or 42.072, Penal Code; |
|
(2) file an application for participation with the |
|
attorney general or a state or local agency or other entity |
|
identified by the attorney general under Subdivision (1); |
|
(3) designate the attorney general as agent to receive |
|
service of process and mail on behalf of the applicant; and |
|
(4) live at a residential address, or relocate to a |
|
residential address, that is unknown to the person who committed or |
|
is alleged to have committed the family violence, trafficking of |
|
persons, or an offense under Section 22.011, 22.021, 25.02, or |
|
42.072, Penal Code. |
|
(b) An application under Subsection (a)(2) must contain: |
|
(1) a signed, sworn statement by the applicant stating |
|
that the applicant fears for the safety of the applicant, the |
|
applicant's child, or another person in the applicant's household |
|
because of a threat of immediate or future harm caused by the person |
|
who committed or is alleged to have committed the family violence, |
|
the trafficking of persons, or an offense under Section 22.011, |
|
22.021, 25.02, or 42.072, Penal Code; |
|
(2) the applicant's true residential address and, if |
|
applicable, the applicant's business and school addresses; and |
|
(3) a statement by the applicant of whether there is an |
|
existing court order or a pending court case for child support or |
|
child custody or visitation that involves the applicant and, if so, |
|
the name and address of: |
|
(A) the legal counsel of record; and |
|
(B) each parent involved in the court order or |
|
pending case. |
|
(e) The attorney general by rule may establish additional |
|
eligibility requirements for participation in the program that are |
|
consistent with the purpose of the program as stated in Article |
|
56.82(a). The attorney general may establish procedures for |
|
requiring an applicant, in appropriate circumstances, to submit |
|
with the application under Subsection (a)(2) independent |
|
documentary evidence of family violence, trafficking of persons, or |
|
an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal |
|
Code, in the form of: |
|
(1) an active or recently issued protective order; |
|
(2) an incident report or other record maintained by a |
|
law enforcement agency or official; |
|
(3) a statement of a physician or other health care |
|
provider regarding the applicant's medical condition as a result of |
|
the family violence, trafficking of persons, or offense; or |
|
(4) a statement of a mental health professional, a |
|
member of the clergy, an attorney or other legal advocate, a trained |
|
staff member of a family violence center, or another professional |
|
who has assisted the applicant in addressing the effects of the |
|
family violence, trafficking of persons, or offense. |
|
SECTION 13. Article 62.001(5), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(5) "Reportable conviction or adjudication" means a |
|
conviction or adjudication, including an adjudication of |
|
delinquent conduct or a deferred adjudication, that, regardless of |
|
the pendency of an appeal, is a conviction for or an adjudication |
|
for or based on: |
|
(A) a violation of Section 21.02 (Continuous |
|
sexual abuse of young child or children), 21.11 (Indecency with a |
|
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
|
assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
|
(B) a violation of Section 43.05 (Compelling |
|
prostitution), 43.25 (Sexual performance by a child), or 43.26 |
|
(Possession or promotion of child pornography), Penal Code; |
|
(C) a violation of Section 20.04(a)(4) |
|
(Aggravated kidnapping), Penal Code, if the actor committed the |
|
offense or engaged in the conduct with intent to violate or abuse |
|
the victim sexually; |
|
(D) a violation of Section 30.02 (Burglary), |
|
Penal Code, if the offense or conduct is punishable under |
|
Subsection (d) of that section and the actor committed the offense |
|
or engaged in the conduct with intent to commit a felony listed in |
|
Paragraph (A) or (C); |
|
(E) a violation of Section 20.02 (Unlawful |
|
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
|
Penal Code, if, as applicable: |
|
(i) the judgment in the case contains an |
|
affirmative finding under Article 42.015; or |
|
(ii) the order in the hearing or the papers |
|
in the case contain an affirmative finding that the victim or |
|
intended victim was younger than 17 years of age; |
|
(F) the second violation of Section 21.08 |
|
(Indecent exposure), Penal Code, but not if the second violation |
|
results in a deferred adjudication; |
|
(G) an attempt, conspiracy, or solicitation, as |
|
defined by Chapter 15, Penal Code, to commit an offense or engage in |
|
conduct listed in Paragraph (A), (B), (C), (D), (E), or (K); |
|
(H) a violation of the laws of another state, |
|
federal law, the laws of a foreign country, or the Uniform Code of |
|
Military Justice for or based on the violation of an offense |
|
containing elements that are substantially similar to the elements |
|
of an offense listed under Paragraph (A), (B), (C), (D), (E), (G), |
|
(J), or (K), but not if the violation results in a deferred |
|
adjudication; |
|
(I) the second violation of the laws of another |
|
state, federal law, the laws of a foreign country, or the Uniform |
|
Code of Military Justice for or based on the violation of an offense |
|
containing elements that are substantially similar to the elements |
|
of the offense of indecent exposure, but not if the second violation |
|
results in a deferred adjudication; |
|
(J) a violation of Section 33.021 (Online |
|
solicitation of a minor), Penal Code; [or] |
|
(K) a violation of Section 20A.02(a)(3), (4), |
|
(7), or (8) (Trafficking of persons), Penal Code; |
|
(L) a violation of Section |
|
43.02(a)(2) (Prostitution), Penal Code, if the offense was |
|
punishable under Section 43.02(c)(3) of that code; or |
|
(M) a violation of Section |
|
43.05(a)(2) (Compelling prostitution), Penal Code. |
|
SECTION 14. Section 508.145(d)(1), Government Code, is |
|
amended to read as follows: |
|
(1) An inmate serving a sentence for an offense |
|
described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), |
|
(I), (J), [or] (K), (L), or (M), Article 42.12, Code of Criminal |
|
Procedure, [or for] an offense for which the judgment contains an |
|
affirmative finding under Section 3g(a)(2) of that article, or |
|
[for] an offense under Section 20A.03, Penal Code, is not eligible |
|
for release on parole until the inmate's actual calendar time |
|
served, without consideration of good conduct time, equals one-half |
|
of the sentence or 30 calendar years, whichever is less, but in no |
|
event is the inmate eligible for release on parole in less than two |
|
calendar years. |
|
SECTION 15. The heading to Section 38.112, Penal Code, is |
|
amended to read as follows: |
|
Sec. 38.112. VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS |
|
OF SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING. |
|
SECTION 16. Section 43.02(c), Penal Code, is amended to |
|
read as follows: |
|
(c) An offense under this section is a Class B misdemeanor, |
|
except that the offense is: |
|
(1) a Class A misdemeanor if the actor has previously |
|
been convicted one or two times of an offense under this section; |
|
(2) a state jail felony if the actor has previously |
|
been convicted three or more times of an offense under this section; |
|
or |
|
(3) [a felony of the third degree if the person
|
|
solicited is 14 years of age or older and younger than 18 years of
|
|
age; or
|
|
[(4)] a felony of the second degree if the person |
|
solicited is younger than 18 [14] years of age, regardless of |
|
whether the actor knows the age of the person solicited at the time |
|
the actor commits the offense. |
|
SECTION 17. Section 43.03(b), Penal Code, is amended to |
|
read as follows: |
|
(b) An offense under this section is a Class A misdemeanor, |
|
except that the offense is a felony of the second degree if the |
|
actor: |
|
(1) solicits a person younger than 18 years of age to |
|
engage in prostitution with another; or |
|
(2) receives money or other property pursuant to an |
|
agreement to participate in the proceeds of prostitution services |
|
rendered by a person younger than 18 years of age. |
|
SECTION 18. Section 43.04(b), Penal Code, is amended to |
|
read as follows: |
|
(b) An offense under this section is a felony of the third |
|
degree, except that the offense is a felony of the first degree if |
|
the prostitution enterprise uses as a prostitute one or more |
|
persons younger than 18 years of age. |
|
SECTION 19. Section 43.251(c), Penal Code, as amended by |
|
Chapters 515 (H.B. 2014) and 938 (H.B. 290), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
|
read as follows: |
|
(c) An offense under this section is a felony of the second |
|
degree, except that the offense is a felony of the first degree if |
|
the child is younger than 14 years of age at the time the offense is |
|
committed. |
|
[(1)
a state jail felony if it is shown on the trial of
|
|
the offense that the defendant has been previously convicted one
|
|
time of an offense under this section; and
|
|
[(2)
a felony of the third degree if it is shown on the
|
|
trial of the offense that the defendant has been previously
|
|
convicted two or more times of an offense under this section.] |
|
SECTION 20. Section 43.23(h), Penal Code, is amended to |
|
read as follows: |
|
(h) The punishment for an offense under Subsection (a) or |
|
[is increased to the punishment for a felony of the third degree and
|
|
the punishment for an offense under Subsection] (c) is increased to |
|
the punishment for a [state jail] felony of the second degree if it |
|
is shown on the trial of the offense that obscene material that is |
|
the subject of the offense visually depicts activities described by |
|
Section 43.21(a)(1)(B) engaged in by: |
|
(1) a child younger than 18 years of age at the time |
|
the image of the child was made; |
|
(2) an image that to a reasonable person would be |
|
virtually indistinguishable from the image of a child younger than |
|
18 years of age; or |
|
(3) an image created, adapted, or modified to be the |
|
image of an identifiable child. |
|
SECTION 21. Sections 43.26(a) and (h), Penal Code, are |
|
amended to read as follows: |
|
(a) A person commits an offense if: |
|
(1) the person knowingly or intentionally possesses, |
|
or knowingly or intentionally accesses with intent to view, visual |
|
material that visually depicts a child younger than 18 years of age |
|
at the time the image of the child was made who is engaging in sexual |
|
conduct, including a child who engages in sexual conduct as a victim |
|
of an offense under Section 20A.02(a)(5), (6), (7), or (8); and |
|
(2) the person knows that the material depicts the |
|
child as described by Subdivision (1). |
|
(h) It is a defense to prosecution under Subsection (a) or |
|
(e) that the actor is a law enforcement officer or a school |
|
administrator who: |
|
(1) possessed or accessed the visual material in good |
|
faith solely as a result of an allegation of a violation of Section |
|
43.261; |
|
(2) allowed other law enforcement or school |
|
administrative personnel to possess or access the material only as |
|
appropriate based on the allegation described by Subdivision (1); |
|
and |
|
(3) took reasonable steps to destroy the material |
|
within an appropriate period following the allegation described by |
|
Subdivision (1). |
|
SECTION 22. Section 71.02(a), Penal Code, as amended by |
|
Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
|
read as follows: |
|
(a) A person commits an offense if, with the intent to |
|
establish, maintain, or participate in a combination or in the |
|
profits of a combination or as a member of a criminal street gang, |
|
the person commits or conspires to commit one or more of the |
|
following: |
|
(1) murder, capital murder, arson, aggravated |
|
robbery, robbery, burglary, theft, aggravated kidnapping, |
|
kidnapping, aggravated assault, aggravated sexual assault, sexual |
|
assault, continuous sexual abuse of young child or children, |
|
solicitation of a minor, forgery, deadly conduct, assault |
|
punishable as a Class A misdemeanor, burglary of a motor vehicle, or |
|
unauthorized use of a motor vehicle; |
|
(2) any gambling offense punishable as a Class A |
|
misdemeanor; |
|
(3) promotion of prostitution, aggravated promotion |
|
of prostitution, or compelling prostitution; |
|
(4) unlawful manufacture, transportation, repair, or |
|
sale of firearms or prohibited weapons; |
|
(5) unlawful manufacture, delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug, or |
|
unlawful possession of a controlled substance or dangerous drug |
|
through forgery, fraud, misrepresentation, or deception; |
|
(5-a) causing the unlawful delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug in |
|
violation of Subtitle B, Title 3, Occupations Code; |
|
(6) any unlawful wholesale promotion or possession of |
|
any obscene material or obscene device with the intent to wholesale |
|
promote the same; |
|
(7) any offense under Subchapter B, Chapter 43, |
|
depicting or involving conduct by or directed toward a child |
|
younger than 18 years of age; |
|
(8) any felony offense under Chapter 32; |
|
(9) any offense under Chapter 36; |
|
(10) any offense under Chapter 34, 35, or 35A; |
|
(11) any offense under Section 37.11(a); |
|
(12) any offense under Chapter 20A; |
|
(13) any offense under Section 37.10; |
|
(14) any offense under Section 38.06, 38.07, 38.09, or |
|
38.11; |
|
(15) any offense under Section 42.10; |
|
(16) any offense under Section 46.06(a)(1) or 46.14; |
|
[or] |
|
(17) any offense under Section 20.05; or |
|
(18) [(17)] any offense classified as a felony under |
|
the Tax Code. |
|
SECTION 23. Chapter 7B, Code of Criminal Procedure, is |
|
repealed. |
|
SECTION 24. (a) The changes in law made by this Act in |
|
amending Chapter 7A, Code of Criminal Procedure, and repealing |
|
Chapter 7B, Code of Criminal Procedure, apply only to a protective |
|
order issued on or after the effective date of this Act. A |
|
protective 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. |
|
(b) The changes in law made 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 subsection, an offense was committed before the effective date |
|
of this Act if any element of the offense occurred before that date. |
|
SECTION 25. |
|
The change in law made by this Act to Section |
|
43.26, Penal Code, applies 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 26. This Act takes effect September 1, 2013. |