80R867 KCR-D
	By: Shapiro	S.B. No. 78

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the offense of continuous sexual abuse
	of a child, the prosecution and punishment of that offense, and the
	consequences of a conviction for that offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1.  CREATION OF OFFENSE AND PROSECUTION AND PUNISHMENT OF
	OFFENSE
	SECTION 1.01.  Chapter 21, Penal Code, is amended by adding
	Section 21.02 to read as follows:
	Sec. 21.02.  CONTINUOUS SEXUAL ABUSE OF YOUNG CHILD OR
	CHILDREN. (a)  In this section, "child" has the meaning assigned by
	Section 22.011(c).
	(b)  A person commits an offense if:
	(1)  during a period that is 90 or more days in
	duration, the person commits an offense listed in Subsection (c)
	more than once or commits more than one offense listed in Subsection
	(c), regardless of whether the offenses are committed against one
	or more victims; and
	(2)  at the time of the commission of each of the
	offenses, the actor is 17 years of age or older and the victim of the
	offense is a child younger than 14 years of age.
	(c)  Any of the following offenses constitute an element of
	the offense described by Subsection (b):
	(1)  aggravated kidnapping under Section 20.04(a)(4)
	if the defendant committed the offense with the intent to violate or
	abuse the victim sexually;
	(2)  indecency with a child under Section 21.11(a)(1);
	(3)  sexual assault under Section 22.011;
	(4)  aggravated sexual assault under Section 22.021;
	(5)  burglary under Section 30.02, if the offense is
	punishable under Subsection (d) of that section and the defendant
	committed the offense with the intent to commit an offense listed in
	Subdivisions (1)-(4); and
	(6)  sexual performance by a child under Section 43.25.
	(d)  If a jury is the trier of fact, members of the jury are
	not required to agree unanimously on which specific offenses listed
	in Subsection (c) were committed by the defendant, against whom
	those offenses were committed, or when those offenses were
	committed.  The jury must agree unanimously that the defendant,
	during a period that is 90 or more days in duration, committed an
	offense listed in Subsection (c) more than one time or committed
	more than one offense listed in Subsection (c).
	(e)  An offense listed under Subsection (c) the victim of
	which is the same victim as a victim of the offense alleged under
	Subsection (b) may not be prosecuted in the same criminal action
	unless the offense listed in Subsection (c):
	(1)  is charged in the alternative; or
	(2)  occurred outside the period in which the offense
	alleged under Subsection (b) was committed.
	(f)  A defendant may not be charged with more than one count
	under Subsection (b) if all of the specific offenses listed in
	Subsection (c) that are alleged to have been committed are alleged
	to have been committed against a single victim.
	(g)  An offense under this section is a felony of the first
	degree, punishable by imprisonment in the Texas Department of
	Criminal Justice for life, or for any term of not more than 99 years
	or less than 25 years.
	SECTION 1.02.  Section 508.145, Government Code, is amended
	by adding Subsection (c-1) to read as follows:
	(c-1)  An inmate serving a sentence for an offense under
	Section 21.02, Penal Code, is not eligible for release on parole
	until the inmate's actual calendar time served, without
	consideration of good conduct time, equals 25 calendar years.
	SECTION 1.03.  Section 508.149(a), Government Code, is
	amended to read as follows:
	(a)  An inmate may not be released to mandatory supervision
	if the inmate is serving a sentence for or has been previously
	convicted of:
	(1)  an offense for which the judgment contains an
	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
	Criminal Procedure;
	(2)  a first degree felony or a second degree felony
	under Section 19.02, Penal Code;
	(3)  a capital felony under Section 19.03, Penal Code;
	(4)  a first degree felony or a second degree felony
	under Section 20.04, Penal Code;
	(5)  an offense [a second degree felony or a third
	degree felony] under Section 21.11, Penal Code;
	(6)  a [second degree] felony under Section 22.011,
	Penal Code;
	(7)  a first degree felony or a second degree felony
	under Section 22.02, Penal Code;
	(8)  a first degree felony under Section 22.021, Penal
	Code;
	(9)  a first degree felony under Section 22.04, Penal
	Code;
	(10)  a first degree felony under Section 28.02, Penal
	Code;
	(11)  a second degree felony under Section 29.02, Penal
	Code;
	(12)  a first degree felony under Section 29.03, Penal
	Code;
	(13)  a first degree felony under Section 30.02, Penal
	Code; [or]
	(14)  a felony for which the punishment is increased
	under Section 481.134 or Section 481.140, Health and Safety Code;
	or
	(15)  an offense under Section 21.02, Penal Code.
	ARTICLE 2.  CONFORMING AMENDMENTS
	SECTION 2.01.  Section 16.0045(a), Civil Practice and
	Remedies Code, is amended to read as follows:
	(a)  A person must bring suit for personal injury not later
	than five years after the day the cause of action accrues if the
	injury arises as a result of conduct that violates:
	(1)  Section 22.011, Penal Code (sexual assault); [or]
	(2)  Section 22.021, Penal Code (aggravated sexual
	assault); or
	(3)  Section 21.02, Penal Code (continuous sexual abuse
	of young child or children).
	SECTION 2.02.  Section 33.013(b), Civil Practice and
	Remedies Code, is amended to read as follows:
	(b)  Notwithstanding Subsection (a), each liable defendant
	is, in addition to his liability under Subsection (a), jointly and
	severally liable for the damages recoverable by the claimant under
	Section 33.012 with respect to a cause of action if:
	(1)  the percentage of responsibility attributed to the
	defendant with respect to a cause of action is greater than 50
	percent; or
	(2)  the defendant, with the specific intent to do harm
	to others, acted in concert with another person to engage in the
	conduct described in the following provisions of the Penal Code and
	in so doing proximately caused the damages legally recoverable by
	the claimant:
	(A)  Section 19.02 (murder);
	(B)  Section 19.03 (capital murder);
	(C)  Section 20.04 (aggravated kidnapping);
	(D)  Section 22.02 (aggravated assault);
	(E)  Section 22.011 (sexual assault);
	(F)  Section 22.021 (aggravated sexual assault);
	(G)  Section 22.04 (injury to a child, elderly
	individual, or disabled individual);
	(H)  Section 32.21 (forgery);
	(I)  Section 32.43 (commercial bribery);
	(J)  Section 32.45 (misapplication of fiduciary
	property or property of financial institution);
	(K)  Section 32.46 (securing execution of
	document by deception);
	(L)  Section 32.47 (fraudulent destruction,
	removal, or concealment of writing); [or]
	(M)  conduct described in Chapter 31 the
	punishment level for which is a felony of the third degree or
	higher; or
	(N)  Section 21.02 (continuous sexual abuse of
	young child or children).
	SECTION 2.03.  Section 41.008(c), Civil Practice and
	Remedies Code, is amended to read as follows:
	(c)  This section does not apply to a cause of action against
	a defendant from whom a plaintiff seeks recovery of exemplary
	damages based on conduct described as a felony in the following
	sections of the Penal Code if, except for Sections 49.07 and 49.08,
	the conduct was committed knowingly or intentionally:
	(1)  Section 19.02 (murder);
	(2)  Section 19.03 (capital murder);
	(3)  Section 20.04 (aggravated kidnapping);
	(4)  Section 22.02 (aggravated assault);
	(5)  Section 22.011 (sexual assault);
	(6)  Section 22.021 (aggravated sexual assault);
	(7)  Section 22.04 (injury to a child, elderly
	individual, or disabled individual, but not if the conduct occurred
	while providing health care as defined by Section 74.001);
	(8)  Section 32.21 (forgery);
	(9)  Section 32.43 (commercial bribery);
	(10)  Section 32.45 (misapplication of fiduciary
	property or property of financial institution);
	(11)  Section 32.46 (securing execution of document by
	deception);
	(12)  Section 32.47 (fraudulent destruction, removal,
	or concealment of writing);
	(13)  Chapter 31 (theft) the punishment level for which
	is a felony of the third degree or higher;
	(14)  Section 49.07 (intoxication assault); [or]
	(15)  Section 49.08 (intoxication manslaughter); or
	(16)  Section 21.02 (continuous sexual abuse of young
	child or children).
	SECTION 2.04.  Section 125.0015(a), Civil Practice and
	Remedies Code, is amended to read as follows:
	(a)  A person who maintains a place to which persons
	habitually go for the following purposes and who knowingly
	tolerates the activity and furthermore fails to make reasonable
	attempts to abate the activity maintains a common nuisance:
	(1)  discharge of a firearm in a public place as
	prohibited by the Penal Code;
	(2)  reckless discharge of a firearm as prohibited by
	the Penal Code;
	(3)  engaging in organized criminal activity as a
	member of a combination as prohibited by the Penal Code;
	(4)  delivery, possession, manufacture, or use of a
	controlled substance in violation of Chapter 481, Health and Safety
	Code;
	(5)  gambling, gambling promotion, or communicating
	gambling information as prohibited by the Penal Code;
	(6)  prostitution, promotion of prostitution, or
	aggravated promotion of prostitution as prohibited by the Penal
	Code;
	(7)  compelling prostitution as prohibited by the Penal
	Code;
	(8)  commercial manufacture, commercial distribution,
	or commercial exhibition of obscene material as prohibited by the
	Penal Code;
	(9)  aggravated assault as described by Section 22.02,
	Penal Code;
	(10)  sexual assault as described by Section 22.011,
	Penal Code;
	(11)  aggravated sexual assault as described by Section
	22.021, Penal Code;
	(12)  robbery as described by Section 29.02, Penal
	Code;
	(13)  aggravated robbery as described by Section 29.03,
	Penal Code;
	(14)  unlawfully carrying a weapon as described by
	Section 46.02, Penal Code;
	(15)  murder as described by Section 19.02, Penal Code;
	[or]
	(16)  capital murder as described by Section 19.03,
	Penal Code; or
	(17)  continuous sexual abuse of young child or
	children as described by Section 21.02, Penal Code.
	SECTION 2.05.  Article 7A.01(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  A person who is the victim of an offense under Section
	21.02, 22.011, or 22.021, Penal Code, or a prosecuting attorney
	acting on behalf of the person, may file an application for a
	protective order under this chapter without regard to the
	relationship between the applicant and the alleged offender.
	SECTION 2.06.  Article 12.01, Code of Criminal Procedure, is
	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)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code, or sexual assault, if
	during the investigation of the applicable 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; or
	(C)  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;
	(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 a child, elderly individual, 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) or (5); or
	(F)  arson;
	(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;
	or
	(C)  a violation under Sections 162.403(22)-(39),
	Tax Code;
	(4)  five years from the date of the commission of the
	offense:
	(A)  theft, burglary, robbery;
	(B)  kidnapping;
	(C)  injury to a child, elderly individual, 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)  ten years from the 18th birthday of the victim of
	the offense:
	(A)  indecency with a child under Section
	21.11(a)(1) or (2), Penal Code; or
	(B)  except as provided by Subdivision (1), sexual
	assault under Section 22.011(a)(2), Penal Code, [or] aggravated
	sexual assault under Section 22.021(a)(1)(B), Penal Code, or
	continuous sexual abuse of young child or children under Section
	21.02, Penal Code; or
	(6)  three years from the date of the commission of the
	offense: all other felonies.
	SECTION 2.07.  Article 15.051(a), Code of Criminal
	Procedure, is amended to read as follows:
	(a)  A peace officer or an attorney representing the state
	may not require a polygraph examination of a person who charges or
	seeks to charge in a complaint the commission of an offense under
	Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code.
	SECTION 2.08.  Article 17.03(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b)  Only the court before whom the case is pending may
	release on personal bond a defendant who:
	(1)  is charged with an offense under the following
	sections of the Penal Code:
	(A)  Section 19.03 (Capital Murder);
	(B)  Section 20.04 (Aggravated Kidnapping);
	(C)  Section 22.021 (Aggravated Sexual Assault);
	(D)  Section 22.03 (Deadly Assault on Law
	Enforcement or Corrections Officer, Member or Employee of Board of
	Pardons and Paroles, or Court Participant);
	(E)  Section 22.04 (Injury to a Child, Elderly
	Individual, or Disabled Individual);
	(F)  Section 29.03 (Aggravated Robbery);
	(G)  Section 30.02 (Burglary); [or]
	(H)  Section 71.02 (Engaging in Organized
	Criminal Activity); or
	(I)  Section 21.02 (Continuous Sexual Abuse of
	Young Child or Children);
	(2)  is charged with a felony under Chapter 481, Health
	and Safety Code, or Section 485.033, Health and Safety Code,
	punishable by imprisonment for a minimum term or by a maximum fine
	that is more than a minimum term or maximum fine for a first degree
	felony; or
	(3)  does not submit to testing for the presence of a
	controlled substance in the defendant's body as requested by the
	court or magistrate under Subsection (c) of this article or submits
	to testing and the test shows evidence of the presence of a
	controlled substance in the defendant's body.
	SECTION 2.09.  Article 17.032(a), Code of Criminal
	Procedure, is amended to read as follows:
	(a)  In this article, "violent offense" means an offense
	under the following sections of the Penal Code:
	(1)  Section 19.02 (murder);
	(2)  Section 19.03 (capital murder);
	(3)  Section 20.03 (kidnapping);
	(4)  Section 20.04 (aggravated kidnapping);
	(5)  Section 21.11 (indecency with a child);
	(6)  Section 22.01(a)(1) (assault);
	(7)  Section 22.011 (sexual assault);
	(8)  Section 22.02 (aggravated assault);
	(9)  Section 22.021 (aggravated sexual assault);
	(10)  Section 22.04 (injury to a child, elderly
	individual, or disabled individual); [or]
	(11)  Section 29.03 (aggravated robbery); or
	(12)  Section 21.02 (continuous sexual abuse of young
	child or children).
	SECTION 2.10.  Article 17.091, Code of Criminal Procedure,
	is amended to read as follows:
	Art. 17.091.  NOTICE OF CERTAIN BAIL REDUCTIONS
	REQUIRED.  Before a judge or magistrate reduces the amount of bail
	set for a defendant charged with an offense listed in Section 3g,
	Article 42.12, or an offense described by Article 62.001(5)
	[62.01(5)], the judge or magistrate shall provide:
	(1)  to the attorney representing the state, reasonable
	notice of the proposed bail reduction; and
	(2)  on request of the attorney representing the state
	or the defendant or the defendant's counsel, an opportunity for a
	hearing concerning the proposed bail reduction.
	SECTION 2.11.  Article 18.021(a), Code of Criminal
	Procedure, is amended to read as follows:
	(a)  A search warrant may be issued to search for and
	photograph a child who is alleged to be the victim of the offenses
	of injury to a child as prohibited [defined] by Section 22.04, Penal
	Code[, as amended]; sexual assault of a child as prohibited
	[defined] by Section 22.011(a), Penal Code[, as amended]; [or]
	aggravated sexual assault of a child as prohibited [defined] by
	Section 22.021, Penal Code; or continuous sexual abuse of young
	child or children as prohibited by Section 21.02, Penal Code.
	SECTION 2.12.  Article 21.31(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  A person who is indicted for or who waives indictment
	for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021,
	Penal Code, shall, at the direction of the court, undergo a medical
	procedure or test designed to show or help show whether the person
	has a sexually transmitted disease or has acquired immune
	deficiency syndrome (AIDS) or human immunodeficiency virus (HIV)
	infection, antibodies to HIV, or infection with any other probable
	causative agent of AIDS. The court may direct the person to undergo
	the procedure or test on its own motion or on the request of the
	victim of the alleged offense. If the person refuses to submit
	voluntarily to the procedure or test, the court shall require the
	person to submit to the procedure or test. The court may require a
	defendant previously required under this article to undergo a
	medical procedure or test on indictment for an offense to undergo a
	subsequent medical procedure or test following conviction of the
	offense. The person performing the procedure or test shall make the
	test results available to the local health authority, and the local
	health authority shall be required to make the notification of the
	test result to the victim of the alleged offense and to the
	defendant.
	SECTION 2.13.  Section 4, Article 37.07, Code of Criminal
	Procedure, is amended by amending Subsections (a) and (b) and
	adding Subsection (e) to read as follows:
	(a)  In the penalty phase of the trial of a felony case in
	which the punishment is to be assessed by the jury rather than the
	court, if the offense of which the jury has found the defendant
	guilty is listed in Section 3g(a)(1), Article 42.12, of this code or
	if the judgment contains an affirmative finding under Section
	3g(a)(2), Article 42.12, of this code, unless the defendant has
	been convicted of an offense under Section 21.02, Penal Code, or a
	capital felony, the court shall charge the jury in writing as
	follows:
	"Under the law applicable in this case, the defendant, if
	sentenced to a term of imprisonment, may earn time off the period of
	incarceration imposed through the award of good conduct time.
	Prison authorities may award good conduct time to a prisoner who
	exhibits good behavior, diligence in carrying out prison work
	assignments, and attempts at rehabilitation. If a prisoner engages
	in misconduct, prison authorities may also take away all or part of
	any good conduct time earned by the prisoner.
	"It is also possible that the length of time for which the
	defendant will be imprisoned might be reduced by the award of
	parole.
	"Under the law applicable in this case, if the defendant is
	sentenced to a term of imprisonment, he will not become eligible for
	parole until the actual time served equals one-half of the sentence
	imposed or 30 years, whichever is less, without consideration of
	any good conduct time he may earn. If the defendant is sentenced to
	a term of less than four years, he must serve at least two years
	before he is eligible for parole. Eligibility for parole does not
	guarantee that parole will be granted.
	"It cannot accurately be predicted how the parole law and
	good conduct time might be applied to this defendant if he is
	sentenced to a term of imprisonment, because the application of
	these laws will depend on decisions made by prison and parole
	authorities.
	"You may consider the existence of the parole law and good
	conduct time. However, you are not to consider the extent to which
	good conduct time may be awarded to or forfeited by this particular
	defendant. You are not to consider the manner in which the parole
	law may be applied to this particular defendant."
	(b)  In the penalty phase of the trial of a felony case in
	which the punishment is to be assessed by the jury rather than the
	court, if the offense is punishable as a felony of the first degree,
	if a prior conviction has been alleged for enhancement of
	punishment as provided by Section 12.42(b), (c), or (d), Penal
	Code, or if the offense is a felony not designated as a capital
	felony or a felony of the first, second, or third degree and the
	maximum term of imprisonment that may be imposed for the offense is
	longer than 60 years, unless the offense of which the jury has found
	the defendant guilty is an offense under Section 21.02, Penal Code,
	or is listed in Section 3g(a)(1), Article 42.12, of this code or the
	judgment contains an affirmative finding under Section 3g(a)(2),
	Article 42.12, of this code, the court shall charge the jury in
	writing as follows:
	"Under the law applicable in this case, the defendant, if
	sentenced to a term of imprisonment, may earn time off the period of
	incarceration imposed through the award of good conduct time.
	Prison authorities may award good conduct time to a prisoner who
	exhibits good behavior, diligence in carrying out prison work
	assignments, and attempts at rehabilitation. If a prisoner engages
	in misconduct, prison authorities may also take away all or part of
	any good conduct time earned by the prisoner.
	"It is also possible that the length of time for which the
	defendant will be imprisoned might be reduced by the award of
	parole.
	"Under the law applicable in this case, if the defendant is
	sentenced to a term of imprisonment, he will not become eligible for
	parole until the actual time served plus any good conduct time
	earned equals one-fourth of the sentence imposed or 15 years,
	whichever is less. Eligibility for parole does not guarantee that
	parole will be granted.
	"It cannot accurately be predicted how the parole law and
	good conduct time might be applied to this defendant if he is
	sentenced to a term of imprisonment, because the application of
	these laws will depend on decisions made by prison and parole
	authorities.
	"You may consider the existence of the parole law and good
	conduct time. However, you are not to consider the extent to which
	good conduct time may be awarded to or forfeited by this particular
	defendant. You are not to consider the manner in which the parole
	law may be applied to this particular defendant."
	(e)  In the penalty phase of the trial of an offense under
	Section 21.02, Penal Code, in which the punishment is to be assessed
	by the jury rather than the court, if the jury finds the defendant
	guilty, the court shall charge the jury in writing as follows:
	"Under the law applicable in this case, it is possible that
	the length of time for which the defendant will be imprisoned might
	be reduced by the award of parole.
	"Under the law applicable in this case, the defendant will
	not become eligible for parole until the actual time served equals
	25 years, without consideration of any good conduct time.
	Eligibility for parole does not guarantee that parole will be
	granted.
	"It cannot accurately be predicted how the parole law might
	be applied to this defendant, because the application of that law
	will depend on decisions made by parole authorities.
	"You may consider the existence of the parole law. However,
	you are not to consider the manner in which the parole law may be
	applied to this particular defendant."
	SECTION 2.14.  Section 1, Article 38.071, Code of Criminal
	Procedure, is amended to read as follows:
	Sec. 1.  This article applies only to a hearing or proceeding
	in which the court determines that a child younger than 13 years of
	age would be unavailable to testify in the presence of the defendant
	about an offense defined by any of the following sections of the
	Penal Code:
	(1)  Section 19.02 (Murder);
	(2)  Section 19.03 (Capital Murder);
	(3)  Section 19.04 (Manslaughter);
	(4)  Section 20.04 (Aggravated Kidnapping);
	(5)  Section 21.11 (Indecency with a Child);
	(6)  Section 22.011 (Sexual Assault);
	(7)  Section 22.02 (Aggravated Assault);
	(8)  Section 22.021 (Aggravated Sexual Assault);
	(9)  Section 22.04(e) (Injury to a Child, Elderly
	Individual, or Disabled Individual);
	(10)  Section 22.04(f) (Injury to a Child, Elderly
	Individual, or Disabled Individual), if the conduct is committed
	intentionally or knowingly;
	(11)  Section 25.02 (Prohibited Sexual Conduct);
	(12)  Section 29.03 (Aggravated Robbery); [or]
	(13)  Section 43.25 (Sexual Performance by a Child); or
	(14)  Section 21.02 (Continuous Sexual Abuse of Young
	Child or Children).
	SECTION 2.15.  Article 42.017, Code of Criminal Procedure,
	is amended to read as follows:
	Art. 42.017.  FINDING REGARDING AGE-BASED OFFENSE.  In the
	trial of an offense under Section 21.02, 21.11, 22.011, 22.021, or
	43.25, Penal Code, the judge shall make an affirmative finding of
	fact and enter the affirmative finding in the judgment in the case
	if the judge determines that:
	(1)  at the time of the offense, the defendant was
	younger than 19 years of age and the victim was at least 13 years of
	age; and
	(2)  the conviction is based solely on the ages of the
	defendant and the victim or intended victim at the time of the
	offense.
	SECTION 2.16.  Section 5(d), Article 42.12, Code of Criminal
	Procedure, is amended to read as follows:
	(d)  In all other cases the judge may grant deferred
	adjudication unless:
	(1)  the defendant is charged with an offense:
	(A)  under Section 21.02, Penal Code;
	(B)  under Section 49.04, 49.05, 49.06, 49.07, or
	49.08, Penal Code; or
	(C) [(B)]  for which punishment may be 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; or
	(2)  the defendant:
	(A)  is charged with an offense under Section
	21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
	victim, or a felony described by Section 13B(b) of this article;
	and
	(B)  has previously been placed on community
	supervision for any offense under Paragraph (A) of this
	subdivision.
	SECTION 2.17.  Article 56.01, Code of Criminal Procedure, is
	amended by adding Subdivision (2-a) to read as follows:
	(2-a)  "Sexual assault" includes an offense under
	Section 21.02, Penal Code.
	SECTION 2.18.  Article 56.02(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  A victim, guardian of a victim, or close relative of a
	deceased victim is entitled to the following rights within the
	criminal justice system:
	(1)  the right to receive from law enforcement agencies
	adequate protection from harm and threats of harm arising from
	cooperation with prosecution efforts;
	(2)  the right to have the magistrate take the safety of
	the victim or his family into consideration as an element in fixing
	the amount of bail for the accused;
	(3)  the right, if requested, to be informed:
	(A)  by the attorney representing the state of
	relevant court proceedings, including appellate proceedings, and
	to be informed if those proceedings have been canceled or
	rescheduled prior to the event; and
	(B)  by an appellate court of decisions of the
	court, after the decisions are entered but before the decisions are
	made public;
	(4)  the right to be informed, when requested, by a
	peace officer concerning the defendant's right to bail and the
	procedures in criminal investigations and by the district
	attorney's office concerning the general procedures in the criminal
	justice system, including general procedures in guilty plea
	negotiations and arrangements, restitution, and the appeals and
	parole process;
	(5)  the right to provide pertinent information to a
	probation department conducting a presentencing investigation
	concerning the impact of the offense on the victim and his family by
	testimony, written statement, or any other manner prior to any
	sentencing of the offender;
	(6)  the right to receive information regarding
	compensation to victims of crime as provided by Subchapter B,
	including information related to the costs that may be compensated
	under that subchapter and the amount of compensation, eligibility
	for compensation, and procedures for application for compensation
	under that subchapter, the payment for a medical examination under
	Article 56.06 for a victim of a sexual assault, and when requested,
	to referral to available social service agencies that may offer
	additional assistance;
	(7)  the right to be informed, upon request, of parole
	procedures, to participate in the parole process, to be notified,
	if requested, of parole proceedings concerning a defendant in the
	victim's case, to provide to the Board of Pardons and Paroles for
	inclusion in the defendant's file information to be considered by
	the board prior to the parole of any defendant convicted of any
	crime subject to this subchapter, and to be notified, if requested,
	of the defendant's release;
	(8)  the right to be provided with a waiting area,
	separate or secure from other witnesses, including the offender and
	relatives of the offender, before testifying in any proceeding
	concerning the offender; if a separate waiting area is not
	available, other safeguards should be taken to minimize the
	victim's contact with the offender and the offender's relatives and
	witnesses, before and during court proceedings;
	(9)  the right to prompt return of any property of the
	victim that is held by a law enforcement agency or the attorney for
	the state as evidence when the property is no longer required for
	that purpose;
	(10)  the right to have the attorney for the state
	notify the employer of the victim, if requested, of the necessity of
	the victim's cooperation and testimony in a proceeding that may
	necessitate the absence of the victim from work for good cause;
	(11)  the right to counseling, on request, regarding
	acquired immune deficiency syndrome (AIDS) and human
	immunodeficiency virus (HIV) infection and testing for acquired
	immune deficiency syndrome (AIDS), human immunodeficiency virus
	(HIV) infection, antibodies to HIV, or infection with any other
	probable causative agent of AIDS, if the offense is an offense under
	Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
	(12)  the right to request victim-offender mediation
	coordinated by the victim services division of the Texas Department
	of Criminal Justice;
	(13)  the right to be informed of the uses of a victim
	impact statement and the statement's purpose in the criminal
	justice system, to complete the victim impact statement, and to
	have the victim impact statement considered:
	(A)  by the attorney representing the state and
	the judge before sentencing or before a plea bargain agreement is
	accepted; and
	(B)  by the Board of Pardons and Paroles before an
	inmate is released on parole; and
	(14)  except as provided by Article 56.06(a), for a
	victim of a sexual assault, the right to a forensic medical
	examination if the sexual assault is reported to a law enforcement
	agency within 96 hours of the assault.
	SECTION 2.19.  (a) Article 62.001(5), Code of Criminal
	Procedure, as renumbered from former Article 62.01(5), Code of
	Criminal Procedure, and amended by Chapter 1008, Acts of the 79th
	Legislature, Regular Session, 2005, is reenacted and amended to
	conform to an amendment to former Article 62.01(5) by Chapter 1273,
	Acts of the 79th Legislature, Regular Session, 2005, and is further
	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), or (E);
	(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), [or]
	(G), or (J), but not if the violation results in a deferred
	adjudication; [or]
	(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; or
	(J)  a violation of Section 33.021 (Online
	solicitation of a minor), Penal Code.
	(b)  Section 2, Chapter 1273, Acts of the 79th Legislature,
	Regular Session, 2005, is repealed.
	SECTION 2.20.  Article 62.001(6), Code of Criminal
	Procedure, is amended to read as follows:
	(6)  "Sexually violent offense" means any of the
	following offenses committed by a person 17 years of age or older:
	(A)  an offense under Section 21.02 (Continuous
	sexual abuse of young child or children), 21.11(a)(1) (Indecency
	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
	sexual assault), Penal Code;
	(B)  an offense under Section 43.25 (Sexual
	performance by a child), Penal Code;
	(C)  an offense under Section 20.04(a)(4)
	(Aggravated kidnapping), Penal Code, if the defendant committed the
	offense with intent to violate or abuse the victim sexually;
	(D)  an offense under Section 30.02 (Burglary),
	Penal Code, if the offense is punishable under Subsection (d) of
	that section and the defendant committed the offense with intent to
	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
	or
	(E)  an offense under the laws of another state,
	federal law, the laws of a foreign country, or the Uniform Code of
	Military Justice if the offense contains elements that are
	substantially similar to the elements of an offense listed under
	Paragraph (A), (B), (C), or (D).
	SECTION 2.21.  Article 102.0186(a), Code of Criminal
	Procedure, is amended to read as follows:
	(a)  A person convicted of an offense under Section 21.02,
	21.11, 22.011(a)(2), 22.021(a)(1)(B), 43.25, 43.251, or 43.26,
	Penal Code, shall pay $100 on conviction of the offense.
	SECTION 2.22.  Section 25.0341(a), Education Code, as added
	by Chapter 997, Acts of the 79th Legislature, Regular Session,
	2005, is amended to read as follows:
	(a)  This section applies only to:
	(1)  a student:
	(A)  who has been convicted of or placed on
	deferred adjudication for the offense of continuous sexual abuse of
	young child or children under Section 21.02, Penal Code, sexual
	assault under Section 22.011, Penal Code, or aggravated sexual
	assault under Section 22.021, Penal Code, committed against another
	student who, at the time the offense occurred, was assigned to the
	same campus as the student convicted or placed on deferred
	adjudication;
	(B)  who has been adjudicated under Section 54.03,
	Family Code, as having engaged in conduct described by Paragraph
	(A);
	(C)  whose prosecution under Section 53.03,
	Family Code, for engaging in conduct described by Paragraph (A) has
	been deferred; or
	(D)  who has been placed on probation under
	Section 54.04(d)(1), Family Code, for engaging in conduct described
	by Paragraph (A); and
	(2)  a student who is the victim of conduct described by
	Subdivision (1)(A).
	SECTION 2.23.  Section 37.007(a), Education Code, is amended
	to read as follows:
	(a)  A student shall be expelled from a school if the
	student, on school property or while attending a school-sponsored
	or school-related activity on or off of school property:
	(1)  uses, exhibits, or possesses:
	(A)  a firearm as defined by Section 46.01(3),
	Penal Code;
	(B)  an illegal knife as defined by Section
	46.01(6), Penal Code, or by local policy;
	(C)  a club as defined by Section 46.01(1), Penal
	Code; or
	(D)  a weapon listed as a prohibited weapon under
	Section 46.05, Penal Code;
	(2)  engages in conduct that contains the elements of
	the offense of:
	(A)  aggravated assault under Section 22.02,
	Penal Code, sexual assault under Section 22.011, Penal Code, or
	aggravated sexual assault under Section 22.021, Penal Code;
	(B)  arson under Section 28.02, Penal Code;
	(C)  murder under Section 19.02, Penal Code,
	capital murder under Section 19.03, Penal Code, or criminal
	attempt, under Section 15.01, Penal Code, to commit murder or
	capital murder;
	(D)  indecency with a child under Section 21.11,
	Penal Code;
	(E)  aggravated kidnapping under Section 20.04,
	Penal Code;
	(F)  aggravated robbery under Section 29.03,
	Penal Code;
	(G)  manslaughter under Section 19.04, Penal
	Code; [or]
	(H)  criminally negligent homicide under Section
	19.05, Penal Code; or
	(I)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code; or
	(3)  engages in conduct specified by Section
	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
	SECTION 2.24.  Section 33.009, Family Code, is amended to
	read as follows:
	Sec. 33.009.  OTHER REPORTS OF SEXUAL ABUSE OF A MINOR.  A
	court or the guardian ad litem or attorney ad litem for the minor
	shall report conduct reasonably believed to violate Section 21.02,
	22.011, 22.021, or 25.02, Penal Code, based on information obtained
	during a confidential court proceeding held under this chapter to:
	(1)  any local or state law enforcement agency;
	(2)  the Department of Family and Protective [and
	Regulatory] Services, if the alleged conduct involves a person
	responsible for the care, custody, or welfare of the child;
	(3)  the state agency that operates, licenses,
	certifies, or registers the facility in which the alleged conduct
	occurred, if the alleged conduct occurred in a facility operated,
	licensed, certified, or registered by a state agency; or
	(4)  an appropriate agency designated by the court.
	SECTION 2.25.  Section 33.010, Family Code, is amended to
	read as follows:
	Sec. 33.010.  CONFIDENTIALITY.  Notwithstanding any other
	law, information obtained by the Department of Family and
	Protective [and Regulatory] Services or another entity under
	Section 33.008 or 33.009 is confidential except to the extent
	necessary to prove a violation of Section 21.02, 22.011, 22.021, or
	25.02, Penal Code.
	SECTION 2.26.  Section 156.104, Family Code, is amended to
	read as follows:
	Sec. 156.104.  MODIFICATION OF ORDER ON CONVICTION FOR CHILD
	ABUSE; PENALTY.  (a) Except as provided by Section 156.1045, the
	conviction of a conservator, or an order deferring adjudication
	with regard to the conservator, for an offense involving the abuse
	of a child under Section 21.02, 21.11, 22.011, or 22.021, Penal
	Code, is a material and substantial change of circumstances
	sufficient to justify a temporary order and modification of an
	existing court order or portion of a decree that provides for the
	appointment of a conservator or that sets the terms and conditions
	of conservatorship or for the possession of or access to a child.
	(b)  A person commits an offense if the person files a suit to
	modify an order or portion of a decree based on the grounds
	permitted under Subsection (a) and the person knows that the person
	against whom the motion is filed has not been convicted of an
	offense, or received deferred adjudication for an offense, under
	Section 21.02, 21.11, 22.011, or 22.021, Penal Code. An offense
	under this subsection is a Class B misdemeanor.
	SECTION 2.27.  Section 161.001, Family Code, is amended to
	read as follows:
	Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
	RELATIONSHIP.  The court may order termination of the parent-child
	relationship if the court finds by clear and convincing evidence:
	(1)  that the parent has:
	(A)  voluntarily left the child alone or in the
	possession of another not the parent and expressed an intent not to
	return;
	(B)  voluntarily left the child alone or in the
	possession of another not the parent without expressing an intent
	to return, without providing for the adequate support of the child,
	and remained away for a period of at least three months;
	(C)  voluntarily left the child alone or in the
	possession of another without providing adequate support of the
	child and remained away for a period of at least six months;
	(D)  knowingly placed or knowingly allowed the
	child to remain in conditions or surroundings which endanger the
	physical or emotional well-being of the child;
	(E)  engaged in conduct or knowingly placed the
	child with persons who engaged in conduct which endangers the
	physical or emotional well-being of the child;
	(F)  failed to support the child in accordance
	with the parent's ability during a period of one year ending within
	six months of the date of the filing of the petition;
	(G)  abandoned the child without identifying the
	child or furnishing means of identification, and the child's
	identity cannot be ascertained by the exercise of reasonable
	diligence;
	(H)  voluntarily, and with knowledge of the
	pregnancy, abandoned the mother of the child beginning at a time
	during her pregnancy with the child and continuing through the
	birth, failed to provide adequate support or medical care for the
	mother during the period of abandonment before the birth of the
	child, and remained apart from the child or failed to support the
	child since the birth;
	(I)  contumaciously refused to submit to a
	reasonable and lawful order of a court under Subchapter D, Chapter
	261;
	(J)  been the major cause of:
	(i)  the failure of the child to be enrolled
	in school as required by the Education Code; or
	(ii)  the child's absence from the child's
	home without the consent of the parents or guardian for a
	substantial length of time or without the intent to return;
	(K)  executed before or after the suit is filed an
	unrevoked or irrevocable affidavit of relinquishment of parental
	rights as provided by this chapter;
	(L)  been convicted or has been placed on
	community supervision, including deferred adjudication community
	supervision, for being criminally responsible for the death or
	serious injury of a child under the following sections of the Penal
	Code or adjudicated under Title 3 for conduct that caused the death
	or serious injury of a child and that would constitute a violation
	of one of the following Penal Code sections:
	(i)  Section 19.02 (murder);
	(ii)  Section 19.03 (capital murder);
	(iii)  Section 19.04 (manslaughter);
	(iv)  Section 21.11 (indecency with a
	child);
	(v)  Section 22.01 (assault);
	(vi)  Section 22.011 (sexual assault);
	(vii)  Section 22.02 (aggravated assault);
	(viii)  Section 22.021 (aggravated sexual
	assault);
	(ix)  Section 22.04 (injury to a child,
	elderly individual, or disabled individual);
	(x)  Section 22.041 (abandoning or
	endangering child);
	(xi)  Section 25.02 (prohibited sexual
	conduct);
	(xii)  Section 43.25 (sexual performance by
	a child); [and]
	(xiii)  Section 43.26 (possession or
	promotion of child pornography); and
	(xiv)  Section 21.02 (continuous sexual
	abuse of young child or children);
	(M)  had his or her parent-child relationship
	terminated with respect to another child based on a finding that the
	parent's conduct was in violation of Paragraph (D) or (E) or
	substantially equivalent provisions of the law of another state;
	(N)  constructively abandoned the child who has
	been in the permanent or temporary managing conservatorship of the
	Department of Family and Protective Services or an authorized
	agency for not less than six months, and:
	(i)  the department or authorized agency has
	made reasonable efforts to return the child to the parent;
	(ii)  the parent has not regularly visited
	or maintained significant contact with the child; and
	(iii)  the parent has demonstrated an
	inability to provide the child with a safe environment;
	(O)  failed to comply with the provisions of a
	court order that specifically established the actions necessary for
	the parent to obtain the return of the child who has been in the
	permanent or temporary managing conservatorship of the Department
	of Family and Protective Services for not less than nine months as a
	result of the child's removal from the parent under Chapter 262 for
	the abuse or neglect of the child;
	(P)  used a controlled substance, as defined by
	Chapter 481, Health and Safety Code, in a manner that endangered the
	health or safety of the child, and:
	(i)  failed to complete a court-ordered
	substance abuse treatment program; or
	(ii)  after completion of a court-ordered
	substance abuse treatment program, continued to abuse a controlled
	substance;
	(Q)  knowingly engaged in criminal conduct that
	has resulted in the parent's:
	(i)  conviction of an offense; and
	(ii)  confinement or imprisonment and
	inability to care for the child for not less than two years from the
	date of filing the petition;
	(R)  been the cause of the child being born
	addicted to alcohol or a controlled substance, other than a
	controlled substance legally obtained by prescription, as defined
	by Section 261.001;
	(S)  voluntarily delivered the child to a
	designated emergency infant care provider under Section 262.302
	without expressing an intent to return for the child; or
	(T)  been convicted of the murder of the other
	parent of the child under Section 19.02 or 19.03, Penal Code, or
	under a law of another state, federal law, the law of a foreign
	country, or the Uniform Code of Military Justice that contains
	elements that are substantially similar to the elements of an
	offense under Section 19.02 or 19.03, Penal Code; and
	(2)  that termination is in the best interest of the
	child.
	SECTION 2.28.  Section 161.007, Family Code, is amended to
	read as follows:
	Sec. 161.007.  TERMINATION WHEN PREGNANCY RESULTS FROM
	CRIMINAL ACT.  The court may order the termination of the
	parent-child relationship of a parent and a child if the court finds
	that:
	(1)  the parent has been convicted of an offense
	committed under Section 21.02, 22.011, 22.021, or 25.02, Penal
	Code;
	(2)  as a direct result of the commission of the offense
	by the parent, the victim of the offense became pregnant with the
	parent's child; and
	(3)  termination is in the best interest of the child.
	SECTION 2.29.  Section 261.001(1), Family Code, is amended
	to read as follows:
	(1)  "Abuse" includes the following acts or omissions
	by a person:
	(A)  mental or emotional injury to a child that
	results in an observable and material impairment in the child's
	growth, development, or psychological functioning;
	(B)  causing or permitting the child to be in a
	situation in which the child sustains a mental or emotional injury
	that results in an observable and material impairment in the
	child's growth, development, or psychological functioning;
	(C)  physical injury that results in substantial
	harm to the child, or the genuine threat of substantial harm from
	physical injury to the child, including an injury that is at
	variance with the history or explanation given and excluding an
	accident or reasonable discipline by a parent, guardian, or
	managing or possessory conservator that does not expose the child
	to a substantial risk of harm;
	(D)  failure to make a reasonable effort to
	prevent an action by another person that results in physical injury
	that results in substantial harm to the child;
	(E)  sexual conduct harmful to a child's mental,
	emotional, or physical welfare, including conduct that constitutes
	the offense of continuous sexual abuse of young child or children
	under Section 21.02, Penal Code, indecency with a child under
	Section 21.11, Penal Code, sexual assault under Section 22.011,
	Penal Code, or aggravated sexual assault under Section 22.021,
	Penal Code;
	(F)  failure to make a reasonable effort to
	prevent sexual conduct harmful to a child;
	(G)  compelling or encouraging the child to engage
	in sexual conduct as defined by Section 43.01, Penal Code;
	(H)  causing, permitting, encouraging, engaging
	in, or allowing the photographing, filming, or depicting of the
	child if the person knew or should have known that the resulting
	photograph, film, or depiction of the child is obscene as defined by
	Section 43.21, Penal Code, or pornographic;
	(I)  the current use by a person of a controlled
	substance as defined by Chapter 481, Health and Safety Code, in a
	manner or to the extent that the use results in physical, mental, or
	emotional injury to a child;
	(J)  causing, expressly permitting, or
	encouraging a child to use a controlled substance as defined by
	Chapter 481, Health and Safety Code; or
	(K)  causing, permitting, encouraging, engaging
	in, or allowing a sexual performance by a child as defined by
	Section 43.25, Penal Code.
	SECTION 2.30.  Section 262.2015(b), Family Code, is amended
	to read as follows:
	(b)  The court may find under Subsection (a) that a parent
	has subjected the child to aggravated circumstances if:
	(1)  the parent abandoned the child without
	identification or a means for identifying the child;
	(2)  the child is a victim of serious bodily injury or
	sexual abuse inflicted by the parent or by another person with the
	parent's consent;
	(3)  the parent has engaged in conduct against the
	child that would constitute an offense under the following
	provisions of the Penal Code:
	(A)  Section 19.02 (murder);
	(B)  Section 19.03 (capital murder);
	(C)  Section 19.04 (manslaughter);
	(D)  Section 21.11 (indecency with a child);
	(E)  Section 22.011 (sexual assault);
	(F)  Section 22.02 (aggravated assault);
	(G)  Section 22.021 (aggravated sexual assault);
	(H)  Section 22.04 (injury to a child, elderly
	individual, or disabled individual);
	(I)  Section 22.041 (abandoning or endangering
	child);
	(J)  Section 25.02 (prohibited sexual conduct);
	(K)  Section 43.25 (sexual performance by a
	child); [or]
	(L)  Section 43.26 (possession or promotion of
	child pornography); or
	(M)  Section 21.02 (continuous sexual abuse of
	young child or children);
	(4)  the parent voluntarily left the child alone or in
	the possession of another person not the parent of the child for at
	least six months without expressing an intent to return and without
	providing adequate support for the child;
	(5)  the parent's parental rights with regard to
	another child have been involuntarily terminated based on a finding
	that the parent's conduct violated Section 161.001(1)(D) or (E) or
	a substantially equivalent provision of another state's law;
	(6)  the parent has been convicted for:
	(A)  the murder of another child of the parent and
	the offense would have been an offense under 18 U.S.C. Section
	1111(a) if the offense had occurred in the special maritime or
	territorial jurisdiction of the United States;
	(B)  the voluntary manslaughter of another child
	of the parent and the offense would have been an offense under 18
	U.S.C. Section 1112(a) if the offense had occurred in the special
	maritime or territorial jurisdiction of the United States;
	(C)  aiding or abetting, attempting, conspiring,
	or soliciting an offense under Subdivision (A) or (B); or
	(D)  the felony assault of the child or another
	child of the parent that resulted in serious bodily injury to the
	child or another child of the parent; or
	(7)  the parent's parental rights with regard to two
	other children have been involuntarily terminated.
	SECTION 2.31.  Section 411.1471(a), Government Code, is
	amended to read as follows:
	(a)  This section applies to a defendant who is:
	(1)  indicted or waives indictment for a felony
	prohibited or punishable under any of the following Penal Code
	sections:
	(A)  Section 20.04(a)(4);
	(B)  Section 21.11;
	(C)  Section 22.011;
	(D)  Section 22.021;
	(E)  Section 25.02;
	(F)  Section 30.02(d);
	(G)  Section 43.05;
	(H)  Section 43.25; [or]
	(I)  Section 43.26; or
	(J)  Section 21.02;
	(2)  arrested for a felony described by Subdivision (1)
	after having been previously convicted of or placed on deferred
	adjudication for an offense described by Subdivision (1) or an
	offense punishable under Section 30.02(c)(2), Penal Code; or
	(3)  convicted of an offense under Section 21.07 or
	21.08, Penal Code.
	SECTION 2.32.  Section 420.003(4), Government Code, is
	amended to read as follows:
	(4)  "Sexual assault" means any act or attempted act as
	described by Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal
	Code.
	SECTION 2.33.  Section 499.027(b), Government Code, is
	amended to read as follows:
	(b)  An inmate is not eligible under this subchapter to be
	considered for release to intensive supervision parole if:
	(1)  the inmate is awaiting transfer to the
	institutional division, or serving a sentence, for an offense for
	which the judgment contains an affirmative finding under Section
	3g(a)(2), Article 42.12, Code of Criminal Procedure;
	(2)  the inmate is awaiting transfer to the
	institutional division, or serving a sentence, for an offense
	listed in one of the following sections of the Penal Code:
	(A)  Section 19.02 (murder);
	(B)  Section 19.03 (capital murder);
	(C)  Section 19.04 (manslaughter);
	(D)  Section 20.03 (kidnapping);
	(E)  Section 20.04 (aggravated kidnapping);
	(F)  Section 21.11 (indecency with a child);
	(G)  Section 22.011 (sexual assault);
	(H)  Section 22.02 (aggravated assault);
	(I)  Section 22.021 (aggravated sexual assault);
	(J)  Section 22.04 (injury to a child or an
	elderly individual);
	(K)  Section 25.02 (prohibited sexual conduct);
	(L)  Section 25.08 (sale or purchase of a child);
	(M)  Section 28.02 (arson);
	(N)  Section 29.02 (robbery);
	(O)  Section 29.03 (aggravated robbery);
	(P)  Section 30.02 (burglary), if the offense is
	punished as a first-degree felony under that section;
	(Q)  Section 43.04 (aggravated promotion of
	prostitution);
	(R)  Section 43.05 (compelling prostitution);
	(S)  Section 43.24 (sale, distribution, or
	display of harmful material to minor);
	(T)  Section 43.25 (sexual performance by a
	child);
	(U)  Section 46.10 (deadly weapon in penal
	institution);
	(V)  Section 15.01 (criminal attempt), if the
	offense attempted is listed in this subsection;
	(W)  Section 15.02 (criminal conspiracy), if the
	offense that is the subject of the conspiracy is listed in this
	subsection; [or]
	(X)  Section 15.03 (criminal solicitation), if
	the offense solicited is listed in this subsection; or
	(Y)  Section 21.02 (continuous sexual abuse of
	young child or children); or
	(3)  the inmate is awaiting transfer to the
	institutional division, or serving a sentence, for an offense under
	Chapter 481, Health and Safety Code, punishable by a minimum term of
	imprisonment or a maximum fine that is greater than the minimum term
	of imprisonment or the maximum fine for a first degree felony.
	SECTION 2.34.  Section 501.061(a), Government Code, is
	amended to read as follows:
	(a)  A physician employed or retained by the department may
	perform an orchiectomy on an inmate only if:
	(1)  the inmate has been convicted of an offense under
	Section 21.02, 21.11, 22.011(a)(2), or 22.021(a)(2)(B), Penal
	Code, and has previously been convicted under one or more of those
	sections;
	(2)  the inmate is 21 years of age or older;
	(3)  the inmate requests the procedure in writing;
	(4)  the inmate signs a statement admitting the inmate
	committed the offense described by Subsection (a)(1) for which the
	inmate has been convicted;
	(5)  a psychiatrist and a psychologist who are
	appointed by the department and have experience in the treatment of
	sex offenders:
	(A)  evaluate the inmate and determine that the
	inmate is a suitable candidate for the procedure; and
	(B)  counsel the inmate before the inmate
	undergoes the procedure;
	(6)  the physician obtains the inmate's informed,
	written consent to undergo the procedure;
	(7)  the inmate has not previously requested that the
	department perform the procedure and subsequently withdrawn the
	request; and
	(8)  the inmate consults with a monitor as provided by
	Subsection (f).
	SECTION 2.35.  Section 508.046, Government Code, is amended
	to read as follows:
	Sec. 508.046.  EXTRAORDINARY VOTE REQUIRED.  To release on
	parole an inmate who was convicted of an offense under Section
	21.02, 21.11(a)(1), or 22.021, Penal Code, or who is required under
	Section 508.145(c) to serve 35 calendar years before becoming
	eligible for release on parole, all members of the board must vote
	on the release on parole of the inmate, and at least two-thirds of
	the members must vote in favor of the release on parole. A member of
	the board may not vote on the release unless the member first
	receives a copy of a written report from the department on the
	probability that the inmate would commit an offense after being
	released on parole.
	SECTION 2.36.  Section 508.117(g), Government Code, is
	amended by adding Subdivision (2-a) to read as follows:
	(2-a)  "Sexual assault" includes an offense under
	Section 21.02, Penal Code.
	SECTION 2.37.  Section 508.151(a), Government Code, is
	amended to read as follows:
	(a)  For the purpose of diverting inmates to halfway houses
	under Section 508.118, a parole panel, after reviewing all
	available pertinent information, may designate a presumptive
	parole date for an inmate who:
	(1)  has never been convicted of an offense listed
	under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure,
	or an offense under Section 21.02, Penal Code; and
	(2)  has never had a conviction with a judgment that
	contains an affirmative finding under Section 3g(a)(2), Article
	42.12, Code of Criminal Procedure.
	SECTION 2.38.  Section 508.187(a), Government Code, is
	amended to read as follows:
	(a)  This section applies only to a releasee serving a
	sentence for an offense under:
	(1)  Section 43.25 or 43.26, Penal Code;
	(2)  Section 21.02, 21.11, 22.011, 22.021, or 25.02,
	Penal Code;
	(3)  Section 20.04(a)(4), Penal Code, if the releasee
	committed the offense with the intent to violate or abuse the victim
	sexually; or
	(4)  Section 30.02, Penal Code, punishable under
	Subsection (d) of that section, if the releasee committed the
	offense with the intent to commit a felony listed in Subdivision (2)
	or (3).
	SECTION 2.39.  Section 508.189(a), Government Code, is
	amended to read as follows:
	(a)  A parole panel shall require as a condition of parole or
	mandatory supervision that a releasee convicted of an offense under
	Section 21.02, 21.08, 21.11, 22.011, 22.021, 25.02, 43.25, or
	43.26, Penal Code, pay to the division a parole supervision fee of
	$5 each month during the period of parole supervision.
	SECTION 2.40.  Section 242.126(c), Health and Safety Code,
	is amended to read as follows:
	(c)  The agency shall begin the investigation:
	(1)  within 24 hours of receipt of the report or other
	allegation, if the report of abuse or neglect or other complaint
	alleges that:
	(A)  a resident's health or safety is in imminent
	danger;
	(B)  a resident has recently died because of
	conduct alleged in the report of abuse or neglect or other
	complaint;
	(C)  a resident has been hospitalized or been
	treated in an emergency room because of conduct alleged in the
	report of abuse or neglect or other complaint;
	(D)  a resident has been a victim of any act or
	attempted act described by Section 21.02, 21.11, 22.011, or 22.021,
	Penal Code; or
	(E)  a resident has suffered bodily injury, as
	that term is defined by Section 1.07, Penal Code, because of conduct
	alleged in the report of abuse or neglect or other complaint; or
	(2)  before the end of the next working day after the
	date of receipt of the report of abuse or neglect or other
	complaint, if the report or complaint alleges the existence of
	circumstances that could result in abuse or neglect and that could
	place a resident's health or safety in imminent danger.
	SECTION 2.41.  Section 250.006(a), Health and Safety Code,
	is amended to read as follows:
	(a)  A person for whom the facility is entitled to obtain
	criminal history record information may not be employed in a
	facility if the person has been convicted of an offense listed in
	this subsection:
	(1)  an offense under Chapter 19, Penal Code (criminal
	homicide);
	(2)  an offense under Chapter 20, Penal Code
	(kidnapping and unlawful restraint);
	(3)  an offense under Section 21.02, Penal Code
	(continuous sexual abuse of young child or children), or Section
	21.11, Penal Code (indecency with a child);
	(4)  an offense under Section 22.011, Penal Code
	(sexual assault);
	(5)  an offense under Section 22.02, Penal Code
	(aggravated assault);
	(6)  an offense under Section 22.04, Penal Code (injury
	to a child, elderly individual, or disabled individual);
	(7)  an offense under Section 22.041, Penal Code
	(abandoning or endangering child);
	(8)  an offense under Section 22.08, Penal Code (aiding
	suicide);
	(9)  an offense under Section 25.031, Penal Code
	(agreement to abduct from custody);
	(10)  an offense under Section 25.08, Penal Code (sale
	or purchase of a child);
	(11)  an offense under Section 28.02, Penal Code
	(arson);
	(12)  an offense under Section 29.02, Penal Code
	(robbery);
	(13)  an offense under Section 29.03, Penal Code
	(aggravated robbery); or
	(14)  a conviction under the laws of another state,
	federal law, or the Uniform Code of Military Justice for an offense
	containing elements that are substantially similar to the elements
	of an offense listed under Subdivisions (1)-(13).
	SECTION 2.42.  Section 841.002(8), Health and Safety Code,
	is amended to read as follows:
	(8)  "Sexually violent offense" means:
	(A)  an offense under Section 21.02, 21.11(a)(1),
	22.011, or 22.021, Penal Code;
	(B)  an offense under Section 20.04(a)(4), Penal
	Code, if the person committed the offense with the intent to violate
	or abuse the victim sexually;
	(C)  an offense under Section 30.02, Penal Code,
	if the offense is punishable under Subsection (d) of that section
	and the person committed the offense with the intent to commit an
	offense listed in Paragraph (A) or (B);
	(D)  an offense under Section 19.02 or 19.03,
	Penal Code, that, during the guilt or innocence phase or the
	punishment phase for the offense, during the adjudication or
	disposition of delinquent conduct constituting the offense, or
	subsequently during a civil commitment proceeding under Subchapter
	D, is determined beyond a reasonable doubt to have been based on
	sexually motivated conduct;
	(E)  an attempt, conspiracy, or solicitation, as
	defined by Chapter 15, Penal Code, to commit an offense listed in
	Paragraph (A), (B), (C), or (D);
	(F)  an offense under prior state law that
	contains elements substantially similar to the elements of an
	offense listed in Paragraph (A), (B), (C), (D), or (E); or
	(G)  an offense under the law of another state,
	federal law, or the Uniform Code of Military Justice that contains
	elements substantially similar to the elements of an offense listed
	in Paragraph (A), (B), (C), (D), or (E).
	SECTION 2.43.  Section 301.4535(a), Occupations Code, is
	amended to read as follows:
	(a)  The board shall suspend a nurse's license or refuse to
	issue a license to an applicant on proof that the nurse or applicant
	has been initially convicted of:
	(1)  murder under Section 19.02, Penal Code, capital
	murder under Section 19.03, Penal Code, or manslaughter under
	Section 19.04, Penal Code;
	(2)  kidnapping or unlawful restraint under Chapter 20,
	Penal Code, and the offense was punished as a felony or state jail
	felony;
	(3)  sexual assault under Section 22.011, Penal Code;
	(4)  aggravated sexual assault under Section 22.021,
	Penal Code;
	(5)  continuous sexual abuse of young child or children
	under Section 21.02, Penal Code, or indecency with a child under
	Section 21.11, Penal Code;
	(6)  aggravated assault under Section 22.02, Penal
	Code;
	(7)  intentionally, knowingly, or recklessly injuring
	a child, elderly individual, or disabled individual under Section
	22.04, Penal Code;
	(8)  intentionally, knowingly, or recklessly
	abandoning or endangering a child under Section 22.041, Penal Code;
	(9)  aiding suicide under Section 22.08, Penal Code,
	and the offense was punished as a state jail felony;
	(10)  an offense under Section 25.07, Penal Code,
	punished as a felony;
	(11)  an offense under Section 25.071, Penal Code,
	punished as a felony;
	(12)  an agreement to abduct a child from custody under
	Section 25.031, Penal Code;
	(13)  the sale or purchase of a child under Section
	25.08, Penal Code;
	(14)  robbery under Section 29.02, Penal Code;
	(15)  aggravated robbery under Section 29.03, Penal
	Code;
	(16)  an offense for which a defendant is required to
	register as a sex offender under Chapter 62, Code of Criminal
	Procedure; or
	(17)  an offense under the law of another state,
	federal law, or the Uniform Code of Military Justice that contains
	elements that are substantially similar to the elements of an
	offense listed in this subsection.
	SECTION 2.44.  Section 3.03(b), Penal Code, is amended to
	read as follows:
	(b)  If the accused is found guilty of more than one offense
	arising out of the same criminal episode, the sentences may run
	concurrently or consecutively if each sentence is for a conviction
	of:
	(1)  an offense:
	(A)  under Section 49.07 or 49.08, regardless of
	whether the accused is convicted of violations of the same section
	more than once or is convicted of violations of both sections; or
	(B)  for which a plea agreement was reached in a
	case in which the accused was charged with more than one offense
	listed in Paragraph (A), regardless of whether the accused is
	charged with violations of the same section more than once or is
	charged with violations of both sections;
	(2)  an offense:
	(A)  under Section 21.02, 21.11, 22.011, 22.021,
	25.02, or 43.25 committed against a victim younger than 17 years of
	age at the time of the commission of the offense regardless of
	whether the accused is convicted of violations of the same section
	more than once or is convicted of violations of more than one
	section; or
	(B)  for which a plea agreement was reached in a
	case in which the accused was charged with more than one offense
	listed in Paragraph (A) committed against a victim younger than 17
	years of age at the time of the commission of the offense regardless
	of whether the accused is charged with violations of the same
	section more than once or is charged with violations of more than
	one section; or
	(3)  an offense:
	(A)  under Section 21.15 or 43.26, regardless of
	whether the accused is convicted of violations of the same section
	more than once or is convicted of violations of both sections; or
	(B)  for which a plea agreement was reached in a
	case in which the accused was charged with more than one offense
	listed in Paragraph (A), regardless of whether the accused is
	charged with violations of the same section more than once or is
	charged with violations of both sections.
	SECTION 2.45.  Section 12.35(c), Penal Code, is amended to
	read as follows:
	(c)  An individual adjudged guilty of a state jail felony
	shall be punished for a third degree felony if it is shown on the
	trial of the offense that:
	(1)  a deadly weapon as defined by Section 1.07 was used
	or exhibited during the commission of the offense or during
	immediate flight following the commission of the offense, and that
	the individual used or exhibited the deadly weapon or was a party to
	the offense and knew that a deadly weapon would be used or
	exhibited; or
	(2)  the individual has previously been finally
	convicted of any felony:
	(A)  under Section 21.02 or listed in Section
	3g(a)(1), Article 42.12, Code of Criminal Procedure; or
	(B)  for which the judgment contains an
	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
	Criminal Procedure.
	SECTION 2.46.  Section 12.42(c)(2), Penal Code, is amended
	to read as follows:
	(2)  A defendant shall be punished by imprisonment in
	the Texas Department of Criminal Justice [institutional division]
	for life if:
	(A)  the defendant is convicted of an offense:
	(i)  under Section 21.02, 22.021, or 22.011,
	Penal Code;
	(ii)  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
	(iii)  under Section 30.02, Penal Code,
	punishable under Subsection (d) of that section, if the defendant
	committed the offense with the intent to commit a felony described
	by Subparagraph (i) or (ii) or a felony under Section 21.11 [or
	22.011], Penal Code; and
	(B)  the defendant has been previously convicted
	of an offense:
	(i)  under Section 43.25 or 43.26, Penal
	Code, or an offense under Section 43.23, Penal Code, punishable
	under Subsection (h) of that section;
	(ii)  under Section 21.02, 21.11, 22.011,
	22.021, or 25.02, Penal Code;
	(iii)  under Section 20.04(a)(4), Penal
	Code, if the defendant committed the offense with the intent to
	violate or abuse the victim sexually;
	(iv)  under Section 30.02, Penal Code,
	punishable under Subsection (d) of that section, if the defendant
	committed the offense with the intent to commit a felony described
	by Subparagraph (ii) or (iii); or
	(v)  under the laws of another state
	containing elements that are substantially similar to the elements
	of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
	SECTION 2.47.  Section 15.031(b), Penal Code, is amended to
	read as follows:
	(b)  A person commits an offense if, with intent that an
	offense under Section 21.02, 21.11, 22.011, 22.021, or 43.25 be
	committed, the person by any means requests, commands, or attempts
	to induce a minor or another whom the person believes to be a minor
	to engage in specific conduct that, under the circumstances
	surrounding the actor's conduct as the actor believes them to be,
	would constitute an offense under one of those sections or would
	make the minor or other believed by the person to be a minor a party
	to the commission of an offense under one of those sections.
	SECTION 2.48.  Section 19.03(a), Penal Code, is amended to
	read as follows:
	(a)  A person commits an offense if the person commits murder
	as defined under Section 19.02(b)(1) and:
	(1)  the person murders a peace officer or fireman who
	is acting in the lawful discharge of an official duty and who the
	person knows is a peace officer or fireman;
	(2)  the person intentionally commits the murder in the
	course of committing or attempting to commit kidnapping, burglary,
	robbery, continuous sexual abuse of young child or children,
	aggravated sexual assault, arson, obstruction or retaliation, or
	terroristic threat under Section 22.07(a)(1), (3), (4), (5), or
	(6);
	(3)  the person commits the murder for remuneration or
	the promise of remuneration or employs another to commit the murder
	for remuneration or the promise of remuneration;
	(4)  the person commits the murder while escaping or
	attempting to escape from a penal institution;
	(5)  the person, while incarcerated in a penal
	institution, murders another:
	(A)  who is employed in the operation of the penal
	institution; or
	(B)  with the intent to establish, maintain, or
	participate in a combination or in the profits of a combination;
	(6)  the person:
	(A)  while incarcerated for an offense under this
	section or Section 19.02, murders another; or
	(B)  while serving a sentence of life imprisonment
	or a term of 99 years for an offense under Section 20.04, 22.021, or
	29.03, murders another;
	(7)  the person murders more than one person:
	(A)  during the same criminal transaction; or
	(B)  during different criminal transactions but
	the murders are committed pursuant to the same scheme or course of
	conduct;
	(8)  the person murders an individual under six years
	of age; or
	(9)  the person murders another person in retaliation
	for or on account of the service or status of the other person as a
	judge or justice of the supreme court, the court of criminal
	appeals, a court of appeals, a district court, a criminal district
	court, a constitutional county court, a statutory county court, a
	justice court, or a municipal court.
	SECTION 2.49.  Section 38.17(a), Penal Code, is amended to
	read as follows:
	(a)  A person, other than a person who has a relationship
	with a child described by Section 22.04(b), commits an offense if:
	(1)  the actor observes the commission or attempted
	commission of an offense prohibited by Section 21.02 or
	22.021(a)(2)(B) under circumstances in which a reasonable person
	would believe that an offense of a sexual or assaultive nature was
	being committed or was about to be committed against the child;
	(2)  the actor fails to assist the child or immediately
	report the commission of the offense to a peace officer or law
	enforcement agency; and
	(3)  the actor could assist the child or immediately
	report the commission of the offense without placing the actor in
	danger of suffering serious bodily injury or death.
	ARTICLE 3.  TRANSITION; EFFECTIVE DATE
	SECTION 3.01.  (a)  Except as provided by Subsection (b) of
	this section, the change in law made by this Act applies only to an
	offense committed on or after September 1, 2007. An offense
	committed before September 1, 2007, is covered by the law in effect
	when the offense was committed, and the former law is continued in
	effect for that purpose. For the purposes of this section, an
	offense was committed before September 1, 2007, if any element of
	the offense occurred before that date.
	(b)  The change in law made by this Act to Section 841.002,
	Health and Safety Code, applies only to an individual who on or
	after September 1, 2007, is serving a sentence in the Texas
	Department of Criminal Justice or is committed to the Department of
	State Health Services for an offense committed before, on, or after
	the effective date of this Act.
	SECTION 3.02.  This Act takes effect September 1, 2007.