By: Parker, Meyer, Burkett, H.B. No. 2960
      Bonnen of Brazoria
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the prosecution and punishment of certain trafficking
  and sexual offenses; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 20A.02(b), Penal Code, is amended to
  read as follows:
         (b)  Except as otherwise provided by this subsection, an
  offense under this section is a felony of the second degree.  An
  offense under this section is a felony of the first degree if:
               (1)  the applicable conduct constitutes an offense
  under Subsection (a)(5), (6), (7), or (8), regardless of whether
  the actor knows the age of the child at the time of [the actor
  commits] the offense; or
               (2)  the commission of the offense results in the death
  of the person who is trafficked.
         SECTION 2.  Section 21.02(b), Penal Code, is amended to read
  as follows:
         (b)  A person commits an offense if:
               (1)  during a period that is 30 or more days in
  duration, the person commits two or more acts of sexual abuse,
  regardless of whether the acts of sexual abuse are committed
  against one or more victims; and
               (2)  at the time of the commission of each of the acts
  of sexual abuse, the actor is 17 years of age or older and the victim
  is a child younger than 14 years of age, regardless of whether the
  actor knows the age of the victim at the time of the offense.
         SECTION 3.  Section 21.11(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if, with a child younger
  than 17 years of age, whether the child is of the same or opposite
  sex and regardless of whether the person knows the age of the child
  at the time of the offense, the person:
               (1)  engages in sexual contact with the child or causes
  the child to engage in sexual contact; or
               (2)  with intent to arouse or gratify the sexual desire
  of any person:
                     (A)  exposes the person's anus or any part of the
  person's genitals, knowing the child is present; or
                     (B)  causes the child to expose the child's anus
  or any part of the child's genitals.
         SECTION 4.  Section 22.011(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if [the person]:
               (1)  the person intentionally or knowingly:
                     (A)  causes the penetration of the anus or sexual
  organ of another person by any means, without that person's
  consent;
                     (B)  causes the penetration of the mouth of
  another person by the sexual organ of the actor, without that
  person's consent; or
                     (C)  causes the sexual organ of another person,
  without that person's consent, to contact or penetrate the mouth,
  anus, or sexual organ of another person, including the actor; or
               (2)  regardless of whether the person knows the age of
  the child at the time of the offense, the person intentionally or
  knowingly:
                     (A)  causes the penetration of the anus or sexual
  organ of a child by any means;
                     (B)  causes the penetration of the mouth of a
  child by the sexual organ of the actor;
                     (C)  causes the sexual organ of a child to contact
  or penetrate the mouth, anus, or sexual organ of another person,
  including the actor;
                     (D)  causes the anus of a child to contact the
  mouth, anus, or sexual organ of another person, including the
  actor; or
                     (E)  causes the mouth of a child to contact the
  anus or sexual organ of another person, including the actor.
         SECTION 5.  Section 22.021(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense:
               (1)  if the person:
                     (A)  intentionally or knowingly:
                           (i)  causes the penetration of the anus or
  sexual organ of another person by any means, without that person's
  consent;
                           (ii)  causes the penetration of the mouth of
  another person by the sexual organ of the actor, without that
  person's consent; or
                           (iii)  causes the sexual organ of another
  person, without that person's consent, to contact or penetrate the
  mouth, anus, or sexual organ of another person, including the
  actor; or
                     (B)  regardless of whether the person knows the
  age of the child at the time of the offense, intentionally or
  knowingly:
                           (i)  causes the penetration of the anus or
  sexual organ of a child by any means;
                           (ii)  causes the penetration of the mouth of
  a child by the sexual organ of the actor;
                           (iii)  causes the sexual organ of a child to
  contact or penetrate the mouth, anus, or sexual organ of another
  person, including the actor;
                           (iv)  causes the anus of a child to contact
  the mouth, anus, or sexual organ of another person, including the
  actor; or
                           (v)  causes the mouth of a child to contact
  the anus or sexual organ of another person, including the actor; and
               (2)  if:
                     (A)  the person:
                           (i)  causes serious bodily injury or
  attempts to cause the death of the victim or another person in the
  course of the same criminal episode;
                           (ii)  by acts or words places the victim in
  fear that any person will become the victim of an offense under
  Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
  bodily injury, or kidnapping will be imminently inflicted on any
  person;
                           (iii)  by acts or words occurring in the
  presence of the victim threatens to cause any person to become the
  victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
  to cause the death, serious bodily injury, or kidnapping of any
  person;
                           (iv)  uses or exhibits a deadly weapon in the
  course of the same criminal episode;
                           (v)  acts in concert with another who
  engages in conduct described by Subdivision (1) directed toward the
  same victim and occurring during the course of the same criminal
  episode; or
                           (vi)  with the intent of facilitating the
  commission of the offense, administers or provides [flunitrazepam,
  otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine] to
  the victim of the offense any substance capable of impairing the
  victim's ability to appreciate the nature of the applicable conduct
  described by Subdivision (1) or to resist the conduct [with the
  intent of facilitating the commission of the offense];
                     (B)  the victim is younger than 14 years of age,
  regardless of whether the person knows the age of the victim at the
  time of the offense; or
                     (C)  the victim is an elderly individual or a
  disabled individual.
         SECTION 6.  Section 33.021(a)(1), Penal Code, is amended to
  read as follows:
               (1)  "Minor" means:
                     (A)  an individual who is younger than 17 years of
  age regardless of whether the actor knows the age of the individual
  at the time of the offense; or
                     (B)  an individual whom the actor believes to be
  younger than 17 years of age.
         SECTION 7.  Section 33.021(f), Penal Code, is amended to
  read as follows:
         (f)  An offense under Subsection (b) is a felony of the third
  degree, except that the offense is a felony of the second degree if,
  at the time of the offense, the minor is younger than 14 years of
  age, regardless of whether the actor knows the age of the minor at
  that time, or is an individual whom the actor believes to be younger
  than 14 years of age at that [the] time [of the commission of the
  offense].  An offense under Subsection (c) is a felony of the second
  degree.
         SECTION 8.  Section 43.02, Penal Code, as amended by
  Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th
  Legislature, Regular Session, 2015, is amended by amending
  Subsections (a) and (b), reenacting Subsection (c), and reenacting
  and amending Subsection (c-1) to read as follows:
         (a)  A person commits an offense if[, in return for receipt
  of a fee,] the person knowingly offers or agrees to receive a fee
  from another to engage in sexual conduct[:
               [(1)     offers to engage, agrees to engage, or engages in
  sexual conduct; or
               [(2)     solicits another in a public place to engage with
  the actor in sexual conduct for hire].
         (b)  A person commits an offense if[, based on the payment of
  a fee by the actor or another person on behalf of the actor,] the
  person knowingly offers or agrees to pay a fee to another person for
  the purpose of engaging in sexual conduct with that person or
  another[:
               [(1)     offers to engage, agrees to engage, or engages in
  sexual conduct; or
               [(2)     solicits another in a public place to engage with
  the actor in sexual conduct for hire].
         (c)  An offense under Subsection (a) is a Class B
  misdemeanor, except that the offense is:
               (1)  a Class A misdemeanor if the actor has previously
  been convicted one or two times of an offense under Subsection (a);
  or
               (2)  a state jail felony if the actor has previously
  been convicted three or more times of an offense under Subsection
  (a).
         (c-1)  An offense under Subsection (b) is a Class B
  misdemeanor, except that the offense is:
               (1)  a Class A misdemeanor if the actor has previously
  been convicted one or two times of an offense under Subsection (b);
               (2)  a state jail felony if the actor has previously
  been convicted three or more times of an offense under Subsection
  (b); or
               (3)  a felony of the second degree if the person with
  whom the actor agrees to engage in sexual conduct [solicited] is:
                     (A)  younger than 18 years of age, regardless of
  whether the actor knows the age of the person [solicited] at the
  time of [the actor commits] the offense;
                     (B)  represented to the actor as being younger
  than 18 years of age; or
                     (C)  believed by the actor to be younger than 18
  years of age.
         SECTION 9.  Section 43.03, Penal Code, is amended to read as
  follows:
         Sec. 43.03.  PROMOTION OF PROSTITUTION. (a) A person
  commits an offense if, acting other than as a prostitute receiving
  compensation for personally rendered prostitution services, the
  actor [he or she] knowingly:
               (1)  receives money or other property pursuant to an
  agreement to participate in the proceeds of prostitution; [or]
               (2)  solicits or procures another to engage in sexual
  conduct with another person for compensation;
               (3)  provides a person or premises for prostitution
  purposes;
               (4)  operates or assists in the operation of a
  prostitution enterprise; or
               (5)  engages in other conduct designed to institute,
  aid, or facilitate an act or enterprise of prostitution.
         (b)  An offense under this section is a Class A misdemeanor,
  except that the offense is:
               (1)  a state jail felony if the actor has been
  previously convicted of an offense under this section; or
               (2)  a felony of the second degree if the actor engages
  in conduct described by Subsection (a) [(a)(1) or (2)] involving a
  person younger than 18 years of age engaging in prostitution,
  regardless of whether the actor knows the age of the person at the
  time of [the actor commits] the offense.
         (c)  A conviction may be used for purposes of enhancement
  under this section or enhancement under Subchapter D, Chapter 12,
  but not under both this section and Subchapter D, Chapter 12.  For
  purposes of enhancement of penalties under this section or
  Subchapter D, Chapter 12, a defendant is previously convicted of an
  offense under this section if the defendant was adjudged guilty of
  the offense or entered a plea of guilty or nolo contendere in return
  for a grant of deferred adjudication community supervision,
  regardless of whether the sentence for the offense was ever imposed
  or whether the sentence was probated and the defendant was
  subsequently discharged from deferred adjudication community
  supervision.
         (d)  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 10.  Section 43.04(b), Penal Code, is amended to
  read as follows:
         (b)  An offense under this section is a felony of the second
  [third] degree, except that the offense is a felony of the first
  degree if the prostitution enterprise uses as a prostitute one or
  more persons younger than 18 years of age, regardless of whether the
  actor knows the age of the person at the time of [the actor commits]
  the offense.
         SECTION 11.  Section 43.05(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person knowingly:
               (1)  causes another by force, threat, or fraud to
  commit prostitution; or
               (2)  causes by any means a child younger than 18 years
  to commit prostitution, regardless of whether the actor knows the
  age of the child at the time of [the actor commits] the offense.
         SECTION 12.  Section 43.25, Penal Code, is amended by
  amending Subsections (c) and (e) and adding Subsection (h) to read
  as follows:
         (c)  An offense under Subsection (b) is a felony of the
  second degree, except that the offense is a felony of the first
  degree if the victim is younger than 14 years of age at the time the
  offense is committed, regardless of whether the actor knows the age
  of the victim at the time of the offense.
         (e)  An offense under Subsection (d) is a felony of the third
  degree, except that the offense is a felony of the second degree if
  the victim is younger than 14 years of age at the time the offense is
  committed, regardless of whether the actor knows the age of the
  victim at the time of the offense.
         (h)  Conduct under this section constitutes an offense
  regardless of whether the actor knows the age of the victim at the
  time of the offense.
         SECTION 13.  Section 43.251, Penal Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  An offense under this section is a felony of the second
  degree, except that the offense is a felony of the first degree if
  the victim [child] is younger than 14 years of age at the time the
  offense is committed, regardless of whether the actor knows the age
  of the victim at the time of the offense.
         (d)  Conduct under this section constitutes an offense
  regardless of whether the actor knows the age of the victim at the
  time of the offense.
         SECTION 14.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 15.  This Act takes effect September 1, 2017.