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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of certain offenses |
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involving injury to a child, elderly individual, or disabled |
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individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3g(a), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) The provisions of Section 3 of this article do not |
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apply: |
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(1) to a defendant adjudged guilty of an offense |
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under: |
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(A) Section 19.02, Penal Code (Murder); |
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(B) Section 19.03, Penal Code (Capital murder); |
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(C) Section 21.11(a)(1), Penal Code (Indecency |
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with a child); |
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(D) Section 20.04, Penal Code (Aggravated |
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kidnapping); |
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(E) Section 22.021, Penal Code (Aggravated |
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sexual assault); |
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(F) Section 29.03, Penal Code (Aggravated |
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robbery); |
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(G) Chapter 481, Health and Safety Code, for |
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which punishment is increased under: |
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(i) Section 481.140, Health and Safety |
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Code; or |
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(ii) Section 481.134(c), (d), (e), or (f), |
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Health and Safety Code, if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any of those subsections; |
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(H) Section 22.011, Penal Code (Sexual assault); |
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(I) Section 22.04(a)(1) or (2), Penal Code |
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(Injury to a child, elderly individual, or disabled individual), if |
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the offense is punishable as a felony of the first degree and the |
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victim of the offense is a child; |
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(J) Section 43.25, Penal Code (Sexual |
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performance by a child); |
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(K) Section 15.03, Penal Code, if the offense is |
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punishable as a felony of the first degree; |
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(L) Section 43.05, Penal Code (Compelling |
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prostitution); or |
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(M) Section 20A.02, Penal Code (Trafficking of |
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persons); or |
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(2) to a defendant when it is shown that a deadly |
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weapon as defined in Section 1.07, Penal Code, was used or exhibited |
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during the commission of a felony offense or during immediate |
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flight therefrom, and that the defendant used or exhibited the |
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deadly weapon or was a party to the offense and knew that a deadly |
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weapon would be used or exhibited. On an affirmative finding under |
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this subdivision, the trial court shall enter the finding in the |
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judgment of the court. On an affirmative finding that the deadly |
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weapon was a firearm, the court shall enter that finding in its |
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judgment. |
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SECTION 2. Section 4(d), Article 42.12, Code of Criminal |
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Procedure, is amended to read as follows: |
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(d) A defendant is not eligible for community supervision |
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under this section if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Section 15(a); |
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(3) does not file a sworn motion under Subsection (e) |
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of this section or for whom the jury does not enter in the verdict a |
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finding that the information contained in the motion is true; |
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(4) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any one of those subsections; |
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(5) is convicted of an offense listed in Section |
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3g(a)(1)(C), (E), or (H), if the victim of the offense was younger |
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than 14 years of age at the time the offense was committed; |
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(6) is convicted of an offense listed in Section |
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3g(a)(1)(D), if the victim of the offense was younger than 14 years |
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of age at the time the offense was committed and the actor committed |
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the offense with the intent to violate or abuse the victim sexually; |
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(7) is convicted of an offense listed in Section |
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3g(a)(1)(I) or (J) [3g(a)(1)(J)]; or |
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(8) is adjudged guilty of an offense under Section |
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19.02, Penal Code. |
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SECTION 3. Section 508.145, Government Code, is amended by |
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adding Subsection (e-1) to read as follows: |
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(e-1) An inmate serving a sentence under Section 22.03, |
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Penal Code, is not eligible for release on parole until the inmate's |
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actual calendar time served plus good conduct time equals one-half |
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of the sentence imposed or 30 years, whichever is less. |
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SECTION 4. Chapter 22, Penal Code, is amended by adding |
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Section 22.03 to read as follows: |
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Sec. 22.03. CONTINUOUS PHYSICAL ABUSE OF CHILD, ELDERLY |
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INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this section: |
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(1) "Act of physical abuse" means any act that |
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violates Section 22.02 (aggravated assault) or Section 22.04(a)(1) |
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or (2) (injury to a child, elderly individual, or disabled |
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individual). |
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(2) "Child," "elderly individual," and "disabled |
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individual" have the meanings assigned by Section 22.04(c). |
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(b) A person commits an offense if: |
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(1) during a period that is 30 or more days in |
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duration, the person commits two or more acts of physical abuse, |
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regardless of whether the acts of physical abuse are committed |
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against one or more victims; and |
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(2) at the time of the commission of each of the acts |
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of physical abuse, the actor is 17 years of age or older and the |
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victim of the act of physical abuse is a child, elderly individual, |
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or disabled individual. |
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(c) If a jury is the trier of fact, members of the jury are |
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not required to agree unanimously on which specific acts of |
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physical abuse were committed by the defendant or the exact date |
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when those acts were committed. The jury must agree unanimously |
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that the defendant, during a period that is 30 or more days in |
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duration, committed two or more acts of physical abuse. |
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(d) A defendant may not be convicted in the same criminal |
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action of an offense under Section 22.02 or 22.04(a)(1) or (2) the |
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victim of which is the same victim as a victim of the offense |
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alleged under Subsection (b) unless the offense under Section 22.02 |
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or 22.04(a)(1) or (2): |
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(1) is charged in the alternative; |
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(2) occurred outside the period in which the offense |
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alleged under Subsection (b) was committed; or |
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(3) is considered by the trier of fact to be a lesser |
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included offense of the offense alleged under Subsection (b). |
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(e) A defendant may not be charged with more than one count |
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under Subsection (b) if all of the underlying acts of the alleged |
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abuse are alleged to have been committed against a single victim. |
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(f) An offense under this section is a felony of the first |
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degree, punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for any term of not more than 99 years |
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or less than 25 years. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2013. |