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AN ACT
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relating to changing the eligibility for community supervision of a |
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person convicted of possession or promotion of child pornography. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.054(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Article 42A.053 does not apply to a defendant adjudged |
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guilty of an offense under: |
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(1) Section 15.03, Penal Code, if the offense is |
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punishable as a felony of the first degree; |
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(2) Section 19.02, Penal Code (Murder); |
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(3) Section 19.03, Penal Code (Capital Murder); |
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(4) Section 20.04, Penal Code (Aggravated |
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Kidnapping); |
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(5) Section 20A.02, Penal Code (Trafficking of |
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Persons); |
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(6) Section 20A.03, Penal Code (Continuous |
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Trafficking of Persons); |
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(7) Section 21.11, Penal Code (Indecency with a |
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Child); |
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(8) Section 22.011, Penal Code (Sexual Assault); |
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(9) Section 22.021, Penal Code (Aggravated Sexual |
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Assault); |
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(10) Section 22.04(a)(1), Penal Code (Injury to a |
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Child, Elderly Individual, or Disabled Individual), if: |
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(A) the offense is punishable as a felony of the |
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first degree; and |
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(B) the victim of the offense is a child; |
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(11) Section 29.03, Penal Code (Aggravated Robbery); |
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(12) Section 30.02, Penal Code (Burglary), if: |
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(A) the offense is punishable under Subsection |
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(d) of that section; and |
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(B) the actor committed the offense with the |
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intent to commit a felony under Section 21.02, 21.11, 22.011, |
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22.021, or 25.02, Penal Code; |
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(13) Section 43.04, Penal Code (Aggravated Promotion |
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of Prostitution); |
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(14) Section 43.05, Penal Code (Compelling |
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Prostitution); |
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(15) Section 43.25, Penal Code (Sexual Performance by |
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a Child); |
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(16) Section 43.26, Penal Code (Possession or |
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Promotion of Child Pornography); |
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(17) Chapter 481, Health and Safety Code, for which |
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punishment is increased under: |
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(A) Section 481.140 of that code (Use of Child in |
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Commission of Offense); or |
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(B) Section 481.134(c), (d), (e), or (f) of that |
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code (Drug-free Zones) if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any of those subsections; or |
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(18) [(17)] Section 481.1123, Health and Safety Code |
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(Manufacture or Delivery of Substance in Penalty Group 1-B), if the |
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offense is punishable under Subsection (d), (e), or (f) of that |
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section. |
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SECTION 2. Section 773.0614(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A certificate holder's certificate shall be revoked if |
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the certificate holder has been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition for: |
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(1) an offense listed in Article 42A.054(a)(2), (3), |
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(4), (7), (8), (9), (11), or (17) [(16)], Code of Criminal |
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Procedure; or |
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(2) an offense, other than an offense described by |
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Subdivision (1), committed on or after September 1, 2009, for which |
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the person is subject to registration under Chapter 62, Code of |
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Criminal Procedure. |
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SECTION 3. Section 773.06141(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may suspend, revoke, or deny an emergency |
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medical services provider license on the grounds that the |
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provider's administrator of record, employee, or other |
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representative: |
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(1) has been convicted of, or placed on deferred |
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adjudication community supervision or deferred disposition for, an |
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offense that directly relates to the duties and responsibilities of |
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the administrator, employee, or representative, other than an |
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offense described by Section 542.304, Transportation Code; |
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(2) has been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition for an |
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offense, including: |
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(A) an offense listed in Article 42A.054(a)(2), |
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(3), (4), (7), (8), (9), (11), or (17) [(16)], Code of Criminal |
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Procedure; or |
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(B) an offense, other than an offense described |
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by Subdivision (1), for which the person is subject to registration |
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under Chapter 62, Code of Criminal Procedure; or |
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(3) has been convicted of Medicare or Medicaid fraud, |
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has been excluded from participation in the state Medicaid program, |
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or has a hold on payment for reimbursement under the state Medicaid |
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program under Subchapter C, Chapter 531, Government Code. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. 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. 1227 was passed by the House on April |
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21, 2023, by the following vote: Yeas 140, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1227 was passed by the Senate on May |
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24, 2023, by the following vote: Yeas 31, Nays 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 |