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  H.B. No. 2291
 
 
 
 
AN ACT
  relating to the payment of restitution to certain individuals
  depicted in child pornography and to increasing the punishment for
  certain individuals convicted of the offense of possession or
  promotion of child pornography.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.037, Code of Criminal Procedure, is
  amended by adding Subsection (r) to read as follows:
         (r)  The court may order a defendant convicted of an offense
  under Section 43.26, Penal Code, to make restitution to an
  individual who as a child younger than 18 years of age was depicted
  in the visual material, in an amount equal to the expenses incurred
  by the individual as a result of the offense, including:
               (1)  medical services relating to physical,
  psychiatric, or psychological care;
               (2)  physical and occupational therapy or
  rehabilitation;
               (3)  necessary transportation, temporary housing, and
  child care expenses;
               (4)  lost income; and
               (5)  attorney's fees.
         SECTION 2.  Sections 43.26(d) and (g), Penal Code, are
  amended to read as follows:
         (d)  An offense under Subsection (a) is a felony of the third
  degree, except that the offense is:
               (1)  a felony of the second degree if it is shown on the
  trial of the offense that the person has been previously convicted
  one time of an offense under that subsection; and
               (2)  a felony of the first degree if it is shown on the
  trial of the offense that the person has been previously convicted
  two or more times of an offense under that subsection.
         (g)  An offense under Subsection (e) is a felony of the
  second degree, except that the offense is a felony of the first
  degree if it is shown on the trial of the offense that the person has
  been previously convicted of an offense under that subsection.
         SECTION 3.  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 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 4.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2291 was passed by the House on May 6,
  2015, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2291 on May 29, 2015, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2291 on May 31, 2015, by the following vote:  Yeas 143,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2291 was passed by the Senate, with
  amendments, on May 26, 2015, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2291 on May 31, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor