| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of the offense of assault with bodily |
|
|
fluids, 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: |
|
|
SECTION 1. Chapter 22, Penal Code, is amended by adding |
|
|
Section 22.03 to read as follows: |
|
|
Sec. 22.03. ASSAULT WITH BODILY FLUIDS. (a) A person |
|
|
commits an offense if: |
|
|
(1) with the intent to assault, harass, or alarm, the |
|
|
person causes another person to contact the blood, seminal fluid, |
|
|
vaginal fluid, saliva, urine, or feces of the actor, any other |
|
|
person, or an animal; |
|
|
(2) with the intent to arouse or gratify the sexual |
|
|
desire of any person, the person causes another person, without |
|
|
that person's consent, to contact the blood, seminal fluid, vaginal |
|
|
fluid, saliva, urine, or feces of the actor, any other person, or an |
|
|
animal; or |
|
|
(3) with the intent to arouse or gratify the sexual |
|
|
desire of any person, the person causes a child to contact the |
|
|
blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the |
|
|
actor, any other person, or an animal. |
|
|
(b) In this section, "child" has the meaning assigned by |
|
|
Section 22.011(c)(1). |
|
|
(c) An offense under this section is: |
|
|
(1) a Class A misdemeanor, if the offense is committed |
|
|
under Subsection (a)(1); |
|
|
(2) a felony of the third degree, if the offense is |
|
|
committed under Subsection (a)(2); and |
|
|
(3) a felony of the second degree, if the offense is |
|
|
committed under Subsection (a)(3). |
|
|
(d) An offense under Subsection (a)(2) or (3) is increased |
|
|
to the next higher category of offense if it is shown at the trial of |
|
|
the offense that, at the time of the commission of the offense, the |
|
|
actor was: |
|
|
(1) a peace officer as defined by Article 2.12, Code of |
|
|
Criminal Procedure, or other law; |
|
|
(2) a corrections officer employed by a secure |
|
|
correctional facility; |
|
|
(3) a health care services provider as defined by |
|
|
Section 22.011(c)(3); |
|
|
(4) a mental health services provider as defined by |
|
|
Section 22.011(c)(4); or |
|
|
(5) an employee of a facility as defined by Section |
|
|
22.011(c)(5). |
|
|
(e) It is an affirmative defense to prosecution under |
|
|
Subsection (a)(3) that: |
|
|
(1) the actor was not more than three years older than |
|
|
the victim and at the time of the offense: |
|
|
(A) was not required under Chapter 62, Code of |
|
|
Criminal Procedure, to register for life as a sex offender; or |
|
|
(B) was not a person who under Chapter 62, Code of |
|
|
Criminal Procedure, had a reportable conviction or adjudication for |
|
|
an offense under this section; and |
|
|
(2) the victim: |
|
|
(A) was a child of 14 years of age or older; and |
|
|
(B) was not a person whom the actor was |
|
|
prohibited from marrying or purporting to marry or with whom the |
|
|
actor was prohibited from living under the appearance of being |
|
|
married under Section 25.01. |
|
|
(f) If conduct constituting an offense under this section |
|
|
also constitutes an offense under another section of this code, the |
|
|
actor may be prosecuted under either section or under both |
|
|
sections. |
|
|
SECTION 2. 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 33.021 or an offense under |
|
|
Section 21.02, 21.11, 22.011, 22.021, 22.03(a)(3), 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 3. Section 12.42(c)(2), Penal Code, is amended to |
|
|
read as follows: |
|
|
(2) Notwithstanding Subdivision (1), a defendant |
|
|
shall be punished by imprisonment in the Texas Department of |
|
|
Criminal Justice for life if: |
|
|
(A) the defendant is convicted of an offense: |
|
|
(i) under Section 21.11(a)(1), 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 |
|
|
22.03(a)(2) or (3)[, 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, 22.03(a)(2) or (3), 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 4. 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, 22.03(a)(2) or |
|
|
(3), 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 5. Section 22.06(a), Penal Code, is amended to read |
|
|
as follows: |
|
|
(a) The victim's effective consent or the actor's reasonable |
|
|
belief that the victim consented to the actor's conduct is a defense |
|
|
to prosecution under Section 22.01 (Assault), 22.02 (Aggravated |
|
|
Assault), 22.03(a)(1) (Assault with Bodily Fluids), or 22.05 |
|
|
(Deadly Conduct) if: |
|
|
(1) the conduct did not threaten or inflict serious |
|
|
bodily injury; or |
|
|
(2) the victim knew the conduct was a risk of: |
|
|
(A) his occupation; |
|
|
(B) recognized medical treatment; or |
|
|
(C) a scientific experiment conducted by |
|
|
recognized methods. |
|
|
SECTION 6. 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, or 22.03(a)(2) or (3), 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 7. 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 22.03(a)(3) (Assault with Bodily Fluids); |
|
|
(10) Section 22.04(e) (Injury to a Child, Elderly |
|
|
Individual, or Disabled Individual); |
|
|
(11) [(10)] Section 22.04(f) (Injury to a Child, |
|
|
Elderly Individual, or Disabled Individual), if the conduct is |
|
|
committed intentionally or knowingly; |
|
|
(12) [(11)] Section 25.02 (Prohibited Sexual |
|
|
Conduct); |
|
|
(13) [(12)] Section 29.03 (Aggravated Robbery); |
|
|
(14) [(13)] Section 43.25 (Sexual Performance by a |
|
|
Child); or |
|
|
(15) [(14)] Section 21.02 (Continuous Sexual Abuse of |
|
|
Young Child or Children). |
|
|
SECTION 8. Section 3g(a), Article 42.12, Code of Criminal |
|
|
Procedure, as amended by Chapters 405 (S.B. 877) and 593 (H.B. 8), |
|
|
Acts of the 80th Legislature, Regular Session, 2007, is reenacted |
|
|
and amended to read as follows: |
|
|
(a) The provisions of Section 3 of this article do not |
|
|
apply: |
|
|
(1) to a defendant adjudged guilty of an offense |
|
|
under: |
|
|
(A) Section 19.02, Penal Code (Murder); |
|
|
(B) Section 19.03, Penal Code (Capital murder); |
|
|
(C) Section 21.11(a)(1), Penal Code (Indecency |
|
|
with a child); |
|
|
(D) Section 20.04, Penal Code (Aggravated |
|
|
kidnapping); |
|
|
(E) Section 22.021, Penal Code (Aggravated |
|
|
sexual assault); |
|
|
(F) Section 29.03, Penal Code (Aggravated |
|
|
robbery); |
|
|
(G) Chapter 481, Health and Safety Code, for |
|
|
which punishment is increased under: |
|
|
(i) Section 481.140, Health and Safety |
|
|
Code; or |
|
|
(ii) 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 of those subsections; |
|
|
(H) Section 22.011, Penal Code (Sexual assault); |
|
|
[or] |
|
|
(I) Section 22.04(a)(1), Penal Code (Injury to a |
|
|
child, elderly individual, or disabled individual), if the offense |
|
|
is punishable as a felony of the first degree and the victim of the |
|
|
offense is a child; [or] |
|
|
(J) [(I)] Section 43.25, Penal Code (Sexual |
|
|
performance by a child); or |
|
|
(K) Section 22.03(a)(2) or (3), Penal Code |
|
|
(Assault with bodily fluids); or |
|
|
(2) to a defendant when it is shown that a deadly |
|
|
weapon as defined in Section 1.07, Penal Code, was used or exhibited |
|
|
during the commission of a felony offense or during immediate |
|
|
flight therefrom, and that the defendant used or exhibited the |
|
|
deadly weapon or was a party to the offense and knew that a deadly |
|
|
weapon would be used or exhibited. On an affirmative finding under |
|
|
this subdivision, the trial court shall enter the finding in the |
|
|
judgment of the court. On an affirmative finding that the deadly |
|
|
weapon was a firearm, the court shall enter that finding in its |
|
|
judgment. |
|
|
SECTION 9. 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 Sections 49.04-49.08, Penal Code; or |
|
|
(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; |
|
|
(2) the defendant: |
|
|
(A) is charged with an offense under Section |
|
|
21.11, 22.011, [or] 22.021, or 22.03(a)(2) or (3), Penal Code, |
|
|
regardless of the age of the victim, or any other [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; or |
|
|
(3) the defendant is charged with an offense under: |
|
|
(A) Section 21.02, Penal Code; or |
|
|
(B) Section 22.021, Penal Code, that is |
|
|
punishable under Subsection (f) of that section or under Section |
|
|
12.42(c)(3), Penal Code. |
|
|
SECTION 10. Section 13B(b), Article 42.12, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
(b) This section applies to a defendant placed on community |
|
|
supervision for an offense: |
|
|
(1) under Section 43.25 or 43.26, Penal Code; |
|
|
(2) under Section 21.08, 21.11, 22.011, 22.021, |
|
|
22.03(a)(3), or 25.02, Penal Code; |
|
|
(3) 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 |
|
|
(4) 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 listed in Subdivision (2) |
|
|
or (3) of this subsection. |
|
|
SECTION 11. 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), 22.03(a)(2) or (3) (Assault with bodily fluids), 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), (G), |
|
|
or (J), 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; or |
|
|
(J) a violation of Section 33.021 (Online |
|
|
solicitation of a minor), Penal Code. |
|
|
SECTION 12. 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), or 22.03(a)(2) or (3) (Assault with bodily |
|
|
fluids), 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 13. 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), 22.03(a)(3), 43.25, 43.251, |
|
|
or 43.26, Penal Code, shall pay $100 on conviction of the offense. |
|
|
SECTION 14. Section 25.0341(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) This section applies only to: |
|
|
(1) a student: |
|
|
(A) who has been convicted of continuous sexual |
|
|
abuse of young child or children under Section 21.02, Penal Code, or |
|
|
convicted of or placed on deferred adjudication for the offense of |
|
|
sexual assault under Section 22.011, Penal Code, [or] aggravated |
|
|
sexual assault under Section 22.021, Penal Code, or assault with |
|
|
bodily fluids under Section 22.03(a)(2) or (3), 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 15. 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; |
|
|
(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 |
|
|
(J) assault with bodily fluids under Section |
|
|
22.03(a)(2) or (3), 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 16. 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, 22.03(a)(3), 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 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 17. 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 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, 22.03(a)(3), or 25.02, |
|
|
Penal Code. |
|
|
SECTION 18. 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 for an offense under Section 21.02, |
|
|
Penal Code, or 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 21.11, 22.011, [or] |
|
|
22.021, or 22.03(a)(3), 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, or 22.03(a)(3), Penal |
|
|
Code. An offense under this subsection is a Class B misdemeanor. |
|
|
SECTION 19. 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 22.03(a)(3) (assault with |
|
|
bodily fluids); |
|
|
(x) Section 22.04 (injury to a child, elderly |
|
|
individual, or disabled individual); |
|
|
(xi) [(x)] Section 22.041 (abandoning or |
|
|
endangering child); |
|
|
(xii) [(xi)] Section 25.02 (prohibited |
|
|
sexual conduct); |
|
|
(xiii) [(xii)] Section 43.25 (sexual |
|
|
performance by a child); |
|
|
(xiv) [(xiii)] Section 43.26 (possession or |
|
|
promotion of child pornography); and |
|
|
(xv) [(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 20. 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, 22.03(a)(3), 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 21. 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, or assault with bodily fluids under Section |
|
|
22.03(a)(3), 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 22. 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 22.03(a)(3) (assault with bodily |
|
|
fluids); |
|
|
(I) Section 22.04 (injury to a child, elderly |
|
|
individual, or disabled individual); |
|
|
(J) [(I)] Section 22.041 (abandoning or |
|
|
endangering child); |
|
|
(K) [(J)] Section 25.02 (prohibited sexual |
|
|
conduct); |
|
|
(L) [(K)] Section 43.25 (sexual performance by a |
|
|
child); |
|
|
(M) [(L)] Section 43.26 (possession or promotion |
|
|
of child pornography); or |
|
|
(N) [(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 23. 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 22.03(a)(2) or (3); |
|
|
(F) Section 25.02; |
|
|
(G) [(F)] Section 30.02(d); |
|
|
(H) [(G)] Section 43.05; |
|
|
(I) [(H)] Section 43.25; |
|
|
(J) [(I)] Section 43.26; or |
|
|
(K) [(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 24. 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, 22.03(a)(2) or |
|
|
(3), or 25.02, Penal Code. |
|
|
SECTION 25. 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), or |
|
|
22.03(a)(3), 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 26. 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, or 22.03(a)(3), 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 27. Section 508.145(d), Government Code, is amended |
|
|
to read as follows: |
|
|
(d) An inmate serving a sentence for an offense described by |
|
|
Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), (J), or |
|
|
(K), 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, 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 28. 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 under Section 21.11, Penal Code; |
|
|
(6) a 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; |
|
|
(14) a felony for which the punishment is increased |
|
|
under Section 481.134 or Section 481.140, Health and Safety Code; |
|
|
(15) an offense under Section 43.25, Penal Code; [or] |
|
|
(16) an offense under Section 21.02, Penal Code; or |
|
|
(17) a felony under Section 22.03, Penal Code. |
|
|
SECTION 29. 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, |
|
|
22.03(a)(3), 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 30. 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, 22.03(a)(2) or (3), |
|
|
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 31. 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, or 22.03(a)(2) or (3), 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 32. 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), or Section 22.03(a)(2) or (3), Penal Code |
|
|
(assault with bodily fluids); |
|
|
(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); |
|
|
(14) an offense under Section 21.08, Penal Code |
|
|
(indecent exposure); |
|
|
(15) an offense under Section 21.12, Penal Code |
|
|
(improper relationship between educator and student); |
|
|
(16) an offense under Section 21.15, Penal Code |
|
|
(improper photography or visual recording); |
|
|
(17) an offense under Section 22.05, Penal Code |
|
|
(deadly conduct); |
|
|
(18) an offense under Section 22.021, Penal Code |
|
|
(aggravated sexual assault); |
|
|
(19) an offense under Section 22.07, Penal Code |
|
|
(terroristic threat); |
|
|
(20) an offense under Section 33.021, Penal Code |
|
|
(online solicitation of a minor); |
|
|
(21) an offense under Section 34.02, Penal Code (money |
|
|
laundering); |
|
|
(22) an offense under Section 35A.02, Penal Code |
|
|
(Medicaid fraud); |
|
|
(23) an offense under Section 42.09, Penal Code |
|
|
(cruelty to animals); or |
|
|
(24) 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 by this subsection. |
|
|
SECTION 33. 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, or 22.03(a)(2) or (3), 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 34. (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 the effective date of this Act. An |
|
|
offense committed before the effective date of this Act is governed |
|
|
by the law in effect when 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 was committed 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 the effective date of this Act is serving a sentence in the |
|
|
Texas Department of Criminal Justice or is committed to the |
|
|
Department of State Health Services or the Department of Aging and |
|
|
Disability Services for an offense committed before, on, or after |
|
|
the effective date of this Act. |
|
|
SECTION 35. This Act takes effect September 1, 2009. |