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AN ACT
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relating to the punishment for the criminal offense of indecent |
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assault; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.012, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) An offense under this section is a Class A misdemeanor, |
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except that the offense is: |
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(1) a state jail felony if it is shown on the trial of |
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the offense that: |
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(A) the defendant has been previously convicted |
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of an offense under this section, other than an offense punishable |
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under Paragraph (B); or |
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(B) the defendant is a health care services |
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provider or a mental health services provider and the act is: |
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(i) committed during the course of |
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providing a treatment or service to the victim; and |
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(ii) beyond the scope of generally accepted |
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practices for the treatment or service; or |
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(2) a felony of the third degree if it is shown on the |
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trial of the offense that the defendant has been previously |
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convicted of an offense under this section that is punishable under |
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Subdivision (1)(B). |
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(d) In this section, "health care services provider" and |
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"mental health services provider" have the meanings assigned by |
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Section 22.011. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 55 was passed by the House on April |
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27, 2023, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 55 on May 26, 2023, by the following vote: Yeas 139, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 55 was passed by the Senate, with |
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amendments, on May 24, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |