Relating to the rights of victims of sexual assault and other sex offenses, the offense of continuous sexual abuse, and the prosecution, punishment, and collateral consequences of certain sex offenses; creating a criminal offense; increasing criminal penalties; changing the eligibility for community supervision, mandatory supervision, and parole for persons convicted of certain sex offenses.

89(R) HB 1422 - Enrolled version - Bill Text

H.B. No. 1422

AN ACT

relating to the rights of victims of sexual assault and other sex

offenses, the offense of continuous sexual abuse, and the

prosecution, punishment, and collateral consequences of certain

sex offenses; creating a criminal offense; increasing criminal

penalties; changing the eligibility for community supervision,

mandatory supervision, and parole for persons convicted of certain

sex offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 42A.054(a), Code of Criminal Procedure,

is amended to read as follows:

(a) Article 42A.053 does not apply to a defendant adjudged

guilty of an offense under:

(1) Section 15.03, Penal Code, if the offense is

punishable as a felony of the first degree;

(2) Section 19.02, Penal Code (Murder);

(3) Section 19.03, Penal Code (Capital Murder);

(4) Section 20.04, Penal Code (Aggravated

Kidnapping);

(5) Section 20A.02, Penal Code (Trafficking of

Persons);

(6) Section 20A.03, Penal Code (Continuous

Trafficking of Persons);

(6-a)

Section 21.03, Penal Code (Continuous Sexual

Abuse);

(7) Section 21.11, Penal Code (Indecency with a

Child);

(8) Section 22.011, Penal Code (Sexual Assault);

(9) Section 22.021, Penal Code (Aggravated Sexual

Assault);

(10) Section 22.04(a)(1), Penal Code (Injury to a

Child, Elderly Individual, or Disabled Individual), if:

(A) the offense is punishable as a felony of the

first degree; and

(B) the victim of the offense is a child;

(11) Section 29.03, Penal Code (Aggravated Robbery);

(12) Section 30.02, Penal Code (Burglary), if:

(A) the offense is punishable under Subsection

(d) of that section; and

(B) the actor committed the offense with the

intent to commit a felony under Section 21.02,
21.03,
21.11,

22.011, 22.021, or 25.02, Penal Code;

(13) Section 43.04, Penal Code (Aggravated Promotion

of Prostitution);

(14) Section 43.05, Penal Code (Compelling

Prostitution);

(15) Section 43.25, Penal Code (Sexual Performance by

a Child);

(16) Section 43.26, Penal Code (Possession or

Promotion of Child Pornography);

(17) Chapter 481, Health and Safety Code, for which

punishment is increased under:

(A) Section 481.140 of that code (Use of Child in

Commission of Offense); or

(B) Section 481.134(c), (d), (e), or (f) of that

code (Drug-free Zones) if it is shown that the defendant has been

previously convicted of an offense for which punishment was

increased under any of those subsections; or

(18) Section 481.1123, Health and Safety Code

(Manufacture or Delivery of Substance in Penalty Group 1-B), if the

offense is punishable under Subsection (d), (e), or (f) of that

section.

SECTION 2. Article 42A.102(b), Code of Criminal Procedure,

is amended to read as follows:

(b) In all other cases, the judge may grant deferred

adjudication community supervision unless:

(1) the defendant is charged with an offense:

(A) under Section 20A.02, 20A.03, 49.045, 49.05,

49.061, 49.065, 49.07, or 49.08, Penal Code;

(B) under Section 49.04 or 49.06, Penal Code,

and, at the time of the offense:

(i) the defendant held a commercial

driver's license or a commercial learner's permit; or

(ii) the defendant's alcohol concentration,

as defined by Section 49.01, Penal Code, was 0.15 or more;

(C) for which punishment may be increased under

Section 49.09, Penal Code;

(D) 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; or

(E) under Section 481.1123, Health and Safety

Code, that is punishable under Subsection (d), (e), or (f) of that

section;

(2) the defendant:

(A) is charged with an offense under Section

21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of

the age of the victim, or a felony described by Article 42A.453(b),

other than a felony described by Subdivision (1)(A) or (3)(B) of

this subsection; and

(B) has previously been placed on community

supervision for an offense under Paragraph (A);

(3) the defendant is charged with an offense under:

(A) Section 21.02, Penal Code; [
or
]

(B)
Section 21.03, Penal Code; or

(C)
Section 22.021, Penal Code, that is

punishable under Subsection (f) of that section or under Section

12.42(c)(3) or (4), Penal Code; or

(4) the defendant is charged with an offense under

Section 19.02, Penal Code, except that the judge may grant deferred

adjudication community supervision on determining that the

defendant did not cause the death of the deceased, did not intend to

kill the deceased or another, and did not anticipate that a human

life would be taken.

SECTION 3. Article 56A.306(a), Code of Criminal Procedure,

is amended to read as follows:

(a) The department, consistent with Chapter 420, Government

Code, shall develop procedures for the transfer
,
[
and
]

preservation
, and testing
of evidence collected during a forensic

medical examination for a sexual assault that was not reported to a

law enforcement agency, including procedures for:

(1) the transfer of the evidence to a crime laboratory

or other suitable location designated by the public safety director

of the department;

(2) the preservation of the evidence by the entity

receiving the evidence; [
and
]

(3) the notification of the
survivor
[
victim
] of the

offense through the statewide electronic tracking system before a

planned destruction of evidence under this article
; and

(4)

forensic DNA testing performed in accordance with

the limited consent of a survivor or other authorized person, as

described by Section 420.0736, Government Code
.

SECTION 4. Articles 62.001(5) and (6), Code of Criminal

Procedure, are 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 disabled individual),
21.03

(Continuous sexual abuse),
21.09 (Bestiality), 21.11 (Indecency

with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual

assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a violation of Section 43.04 (Aggravated

promotion of prostitution), 43.05 (Compelling prostitution), 43.25

(Sexual performance by a child), or 43.26 (Possession or promotion

of child pornography), Penal Code;

(B-1) a violation of Section 43.021

(Solicitation of Prostitution), Penal Code, if the offense is

punishable as a felony of the second degree;

(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), (E), (K), or (L);

(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), (B-1), (C), (D), (E),

(G), (J), (K), or (L), 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;

(J) a violation of Section 33.021 (Online

solicitation of a minor), Penal Code;

(K) a violation of Section 20A.02(a)(3), (4),

(7), or (8) (Trafficking of persons), Penal Code; or

(L) a violation of Section 20A.03 (Continuous

trafficking of persons), Penal Code, if the offense is based partly

or wholly on conduct that constitutes an offense under Section

20A.02(a)(3), (4), (7), or (8) of that code.

(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 disabled individual),
21.03

(Continuous sexual abuse),
21.11(a)(1) (Indecency with a child),

22.011 (Sexual assault), or 22.021 (Aggravated sexual assault),

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 5. Section 420.0735, Government Code, is amended by

adding Subsection (g) to read as follows:

(g)

The reason or purpose for the release of evidence

described by Subsection (d)(2) may be limited to permit only the

acts of forensic DNA testing by the department in the manner

provided by Section 420.0736, regardless of whether a report of the

applicable offense is made to a law enforcement agency.

SECTION 6. Subchapter D, Chapter 420, Government Code, is

amended by adding Section 420.0736 to read as follows:

Sec.

420.0736.

LIMITED CONSENT FOR DNA TESTING OF CERTAIN

EVIDENCE. (a)

To encourage the reporting of sexual assaults or

other sex offenses that would otherwise remain unreported and

notwithstanding Sections 420.0431 and 420.0432, a survivor or other

person authorized to consent to the release of evidence contained

in an evidence collection kit under Section 420.0735 may choose to

limit the scope of the consent under that section to only permit,

without regard to whether a report of the offense is made to a law

enforcement agency, the performance of forensic DNA testing by the

department on biological evidence contained in the evidence

collection kit.

(b)

The department by rule shall adopt a form to enable a

survivor or other authorized person to provide the limited consent

described by this section. The form must include the following

statement: "IT IS NOT NECESSARY TO REPORT AN OFFENSE TO A LAW

ENFORCEMENT AGENCY IN ORDER TO OBTAIN FORENSIC DNA TESTING OF

BIOLOGICAL EVIDENCE COLLECTED DURING YOUR FORENSIC MEDICAL

EXAMINATION.

HOWEVER, IF YOU AUTHORIZE FORENSIC DNA TESTING OF THE

BIOLOGICAL EVIDENCE COLLECTED DURING YOUR EXAMINATION WITHOUT

REPORTING THE OFFENSE TO LAW ENFORCEMENT, ANY RESULTS OF THE

FORENSIC DNA TESTING WILL NOT BE COMPARED TO DNA PROFILES

MAINTAINED IN DNA DATABASES AND WILL NOT BE SUBJECT TO USE IN A

CRIMINAL INVESTIGATION OR TRIAL."

(c)

The department shall provide to the survivor or other

authorized person who provides limited consent to forensic DNA

testing, as described by Subsection (a), the results of the

forensic DNA testing through the statewide electronic tracking

system established under Section 420.034. The department may not

notify any other entity of the results of the forensic DNA testing

and may not use those results for any other reason or purpose,

unless the department first obtains additional written consent from

the person for that reason or purpose under Section 420.0735.

(d)

The department shall provide to the survivor or other

authorized person who provides limited consent to forensic DNA

testing, as described by Subsection (a), information regarding how

to report an offense to a law enforcement agency in order to have

the results of the forensic DNA testing compared to DNA profiles

maintained in DNA databases and used in a criminal investigation or

trial.

SECTION 7. Section 499.027(b), Government Code, is amended

to read as follows:

(b) An inmate is not eligible under this subchapter to be

considered for release to intensive supervision parole if:

(1) the inmate is awaiting transfer to the

institutional division, or serving a sentence, for an offense for

which the judgment contains an affirmative finding under Article

42A.054(c) or (d), Code of Criminal Procedure;

(2) the inmate is awaiting transfer to the

institutional division, or serving a sentence, for an offense

listed in one of the following sections of the Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 19.04 (manslaughter);

(D) Section 20.03 (kidnapping);

(E) Section 20.04 (aggravated kidnapping);

(F) Section 21.11 (indecency with a child);

(G) Section 22.011 (sexual assault);

(H) Section 22.02 (aggravated assault);

(I) Section 22.021 (aggravated sexual assault);

(J) Section 22.04 (injury to a child, elderly

individual, or disabled individual);

(K) Section 25.02 (prohibited sexual conduct);

(L) Section 25.08 (sale or purchase of a child);

(M) Section 28.02 (arson);

(N) Section 29.02 (robbery);

(O) Section 29.03 (aggravated robbery);

(P) Section 30.02 (burglary), if the offense is

punished as a first-degree felony under that section;

(Q) Section 43.04 (aggravated promotion of

prostitution);

(R) Section 43.05 (compelling prostitution);

(S) Section 43.24 (sale, distribution, or

display of harmful material to minor);

(T) Section 43.25 (sexual performance by a

child);

(U) Section 46.10 (deadly weapon in penal

institution);

(V) Section 15.01 (criminal attempt), if the

offense attempted is listed in this subsection;

(W) Section 15.02 (criminal conspiracy), if the

offense that is the subject of the conspiracy is listed in this

subsection;

(X) Section 15.03 (criminal solicitation), if

the offense solicited is listed in this subsection;

(Y) Section 21.02 (continuous sexual abuse of

young child or disabled individual);

(Z) Section 20A.02 (trafficking of persons);

(AA) Section 20A.03 (continuous trafficking of

persons); [
or
]

(BB) Section 43.041 (aggravated online promotion

of prostitution);
or

(CC) Section 21.03 (continuous sexual abuse);
or

(3) the inmate is awaiting transfer to the

institutional division, or serving a sentence, for an offense under

Chapter 481, Health and Safety Code, punishable by a minimum term of

imprisonment or a maximum fine that is greater than the minimum term

of imprisonment or the maximum fine for a first degree felony.

SECTION 8. Section 508.145(a), Government Code, is amended

to read as follows:

(a) An inmate is not eligible for release on parole if the

inmate is under sentence of death, serving a sentence of life

imprisonment without parole, or serving a sentence for any of the

following offenses under the Penal Code:

(1) Section 20A.03, if the offense is based partly or

wholly on conduct constituting an offense under Section

20A.02(a)(5), (6), (7), or (8);

(2) Section 21.02;

(3)
Section 21.03;

(4)
Section 22.021, if the offense is punishable under

Subsection (f) of that section; or

(5)
[
(4)
] Section 51.03 or 51.04.

SECTION 9. 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 Article 42A.054(c) or (d), 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 481.140, Health and Safety Code;

(15) an offense under Section 43.25, Penal Code;

(16) an offense under Section 21.02, Penal Code;

(17) a first degree felony under Section 15.03, Penal

Code;

(18) an offense under Section 43.05, Penal Code;

(19) an offense under Section 20A.02, Penal Code;

(20) an offense under Section 20A.03, Penal Code;

(21) a first degree felony under Section 71.02 or

71.023, Penal Code;

(22) an offense under Section 481.1123, Health and

Safety Code, punished under Subsection (d), (e), or (f) of that

section;

(23) a second degree felony under Section 22.01, Penal

Code; [
or
]

(24) an offense under Section 22.01, Penal Code,

punished under Subsection (b)(2), (7), or (8) of that section
; or

(25) an offense under Section 21.03, Penal Code
.

SECTION 10. Section 508.151(a), Government Code, is amended

to read as follows:

(a) For the purpose of diverting inmates to halfway houses

under Section 508.118, a parole panel, after reviewing all

available pertinent information, may designate a presumptive

parole date for an inmate who:

(1) has never been convicted of an offense listed

under Article 42A.054(a), Code of Criminal Procedure, or an offense

under Section 21.02
or 21.03
, Penal Code; and

(2) has never had a conviction with a judgment that

contains an affirmative finding under Article 42A.054(c) or (d),

Code of Criminal Procedure.

SECTION 11. 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,
21.03,
21.08, 21.11, 22.011, 22.021, 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 12. 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,
] 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;

(2-a) an offense:

(A)

under Section 22.011 or 22.021, 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), 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;

(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;

(4) an offense for which the judgment in the case

contains an affirmative finding under Article 42.0197, Code of

Criminal Procedure;

(5) an offense:

(A) under Section 20A.02, 20A.03, or 43.05,

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), 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;

(6) an offense:

(A) under Section 22.04(a)(1) or (2) or Section

22.04(a-1)(1) or (2) that is punishable as a felony of the first

degree, 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) and punishable as described by that

paragraph, 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

(7) any combination of offenses listed in Subdivisions

(1)-(6).

SECTION 13. Section 12.35(c), Penal Code, is amended to

read as follows:

(c) An individual adjudged guilty of a state jail felony

shall be punished for a third degree felony if it is shown on the

trial of the offense that:

(1) a deadly weapon as defined by Section 1.07 was used

or exhibited during the commission of the offense or during

immediate flight following the commission of the offense, and that

the individual used or exhibited the deadly weapon or was a party to

the offense and knew that a deadly weapon would be used or

exhibited; or

(2) the individual has previously been finally

convicted of any felony:

(A) under Section 21.02
or 21.03
or listed in

Article 42A.054(a), Code of Criminal Procedure; or

(B) for which the judgment contains an

affirmative finding under Article 42A.054(c) or (d), Code of

Criminal Procedure.

SECTION 14. 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 20A.02(a)(7) or (8),

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, 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 20A.02(a)(7) or (8),

21.02,
21.03,
21.11, 22.011, 22.021, 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 15. Sections 12.502(b), (c), and (d), Penal Code,

are amended to read as follows:

(b) Except as provided by Subsection (c), if it is shown on

the trial of an offense under Section 21.07, 21.08,
or
21.15[
, or

21.17
] that the offense was committed in a location that was on the

premises of a postsecondary educational institution, the category

of punishment for the offense is increased to a higher category of

offense as follows:

(1) a Class C misdemeanor is increased to a Class B

misdemeanor;

(2) a Class B misdemeanor is increased to a Class A

misdemeanor;

(3) a Class A misdemeanor is increased to a state jail

felony; and

(4) a state jail felony is increased to a felony of the

third degree.

(c) For an offense otherwise punishable under Subsection

(b), if it is shown on the trial of the offense that the person has

been previously convicted twice of an offense under Section 21.07,

21.08,
or
21.15 [
, or 21.17
] for which the punishment was increased

under Subsection (b), the category of punishment for the offense is

increased to a higher category of offense as follows:

(1) a Class C misdemeanor is increased to a Class A

misdemeanor;

(2) a Class B misdemeanor is increased to a state jail

felony;

(3) a Class A misdemeanor is increased to a felony of

the third degree; and

(4) a state jail felony is increased to a felony of the

second degree.

(d) If the punishment scheme for an offense under Section

21.07, 21.08,
or
21.15 [
, or 21.17
] contains a specific enhancement

provision increasing punishment to a higher minimum term of

punishment than the minimum term required by the applicable higher

category of offense prescribed by Subsection (b) or (c), the

specific enhancement provision controls over this section.

SECTION 16. 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 20A.02(a)(7) or (8), 21.02,
21.03,
21.11,

22.011, 22.021, 43.02, 43.021, 43.05(a)(2), 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 17. Section 15.032(b), Penal Code, is amended to

read as follows:

(b) An offense under this section is a felony of the third

degree, except that the offense is a felony of the second degree if

the actor has previously been convicted of an offense under:

(1) Chapter 20A, if the offense involved conduct

described by Section 20A.02(a)(7) or (8);

(2) Section 21.02;

(3)
Section 21.03;

(4)
Section 21.11;

(5)
[
(4)
] Section 22.011, if the victim of the offense

was a child under 18 years of age; or

(6)
[
(5)
] Section 22.021, if the victim of the offense

was a child under 18 years of age.

SECTION 18. Chapter 21, Penal Code, is amended by adding

Section 21.03 to read as follows:

Sec.

21.03.

CONTINUOUS SEXUAL ABUSE. (a)

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

against two 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.

(b)

For purposes of this section, "act of sexual abuse"

means any act that is a violation of one or more of the following

penal laws:

(1)

aggravated kidnapping under Section 20.04(a)(4),

if the actor committed the offense with the intent to violate or

abuse the victim sexually;

(2)

indecency with a child under Section 21.11(a)(1),

if the actor committed the offense in a manner other than by

touching, including touching through clothing, the breast of a

child;

(3) sexual assault under Section 22.011;

(4) aggravated sexual assault under Section 22.021;

(5)

burglary under Section 30.02, if the offense is

punishable under Subsection (d) of that section and the actor

committed the offense with the intent to commit an offense listed in

Subdivisions (1)-(4);

(6) sexual performance by a child under Section 43.25;

(7)

trafficking of persons under Section

20A.02(a)(3), (4), (7), or (8); and

(8) compelling prostitution under Section 43.05.

(c)

If a jury is the trier of fact, members of the jury are

not required to agree unanimously on which specific acts of sexual

abuse were committed by the defendant or the exact date when those

acts were committed. The jury must agree unanimously that the

defendant, during a period that is 30 or more days in duration,

committed two or more acts of sexual abuse against two or more

victims.

(d)

A defendant may not be convicted in the same criminal

action of an offense listed under Subsection (b) the victim of which

is the same victim as a victim of the offense under Subsection (a)

unless the offense listed in Subsection (b):

(1) is charged in the alternative;

(2)

occurred outside the period in which the offense

alleged under Subsection (a) was committed; or

(3)

is considered by the trier of fact to be a lesser

included offense of the offense alleged under Subsection (a).

(e)

A defendant may not be charged with more than one count

under Subsection (a) if all of the specific acts of sexual abuse

that are alleged to have been committed are alleged to have been

committed against only two victims.

(f)

With respect to a prosecution under this section

involving only two or more victims younger than 17 years of age, it

is an affirmative defense to prosecution under this section that

the actor:

(1)

was not more than five years older than the

youngest victim of the offense;

(2)

did not use duress, force, or a threat against a

victim at the time of the commission of any of the acts of sexual

abuse alleged as an element of the offense; and

(3)

at the time of the commission of any of the acts of

sexual abuse alleged as an element 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 or an act of sexual abuse as described

by Subsection (b).

(g)

An offense under this section is a felony of the first

degree.

SECTION 19. Section 21.17, Penal Code, is amended by

amending Subsections (b), (c), and (d) and adding Subsection (f) to

read as follows:

(b) Except as provided by Subsection (c) or (d), an offense

under this section is a Class
A
[
C
] misdemeanor.

(c) An offense under this section is a
state jail felony

[
Class B misdemeanor
] if it is shown on the trial of the offense

that
:

(1)
the actor has previously been convicted [
two or

more times
] of an offense under this section
;

(2)

the victim was a child younger than 18 years of age

at the time of the offense; or

(3)

the offense was committed in a location that was on

the premises of a postsecondary educational institution
.

(d) An offense under this section is a [
state jail
] felony

of the third degree
if
it is shown on the trial of the offense that:

(1)
the victim was a child younger than
18
[
14
] years

of age at the time of the offense
; and

(2)

the actor has previously been convicted of an

offense punishable under Subsection (c)(2).

(f)

In this section, "postsecondary educational

institution" and "premises" have the meanings assigned by Section

12.502
.

SECTION 20. Section 21.18(b), Penal Code, is amended to

read as follows:

(b) A person commits an offense if the person intentionally

threatens, including by coercion or extortion, to commit an offense

under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,

21.03,
21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021

to obtain, in return for not committing the threatened offense or in

connection with the threatened offense, any of the following

benefits:

(1) intimate visual material;

(2) an act involving sexual conduct causing arousal or

gratification; or

(3) a monetary benefit or other benefit of value.

SECTION 21. Section 22.021(f), Penal Code, is amended to

read as follows:

(f) The minimum term of imprisonment for an offense under

this section is increased to 25 years if:

(1) the victim of the offense is younger than
10
[
six
]

years of age at the time the offense is committed; or

(2) the victim of the offense is younger than 14 years

of age at the time the offense is committed and the actor commits

the offense in a manner described by Subsection (a)(2)(A).

SECTION 22. Not later than December 1, 2025, the Department

of Public Safety of the State of Texas shall adopt the form required

by Section 420.0736, Government Code, as added by this Act.

SECTION 23. (a) Except as provided by Subsection (b) of

this section, 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 subsection, an offense was committed before the effective date

of this Act if any element of the offense occurred before that date.

(b) Article 56A.306, Code of Criminal Procedure, and

Section 420.0735, Government Code, as amended by this Act, and

Section 420.0736, Government Code, as added by this Act, apply only

to biological evidence collected on or after December 1, 2025.

Biological evidence collected before December 1, 2025, is governed

by the law in effect on the date the evidence was collected, and the

former law is continued in effect for that purpose.

SECTION 24. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 1422 was passed by the House on May

15, 2025, by the following vote: Yeas 139, Nays 1, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1422 was passed by the Senate on May

25, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor