Bill Text: TX HB2809 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the imposition of a sentence of life without parole on certain repeat sex offenders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-03 - Committee report sent to Calendars [HB2809 Detail]
Download: Texas-2013-HB2809-Comm_Sub.html
By: Toth | H.B. No. 2809 | ||
Substitute the following for H.B. No. 2809: | |||
By: Herrero | C.S.H.B. No. 2809 |
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relating to the imposition of a sentence of life without parole on | ||
certain repeat sex offenders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 12.42(b) and (d), Penal Code, as | ||
amended by Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the | ||
82nd Legislature, Regular Session, 2011, are reenacted to read as | ||
follows: | ||
(b) Except as provided by Subsection (c)(2) or (c)(4), if it | ||
is shown on the trial of a felony of the second degree that the | ||
defendant has previously been finally convicted of a felony other | ||
than a state jail felony punishable under Section 12.35(a), on | ||
conviction the defendant shall be punished for a felony of the first | ||
degree. | ||
(d) Except as provided by Subsection (c)(2) or (c)(4), if it | ||
is shown on the trial of a felony offense other than a state jail | ||
felony punishable under Section 12.35(a) that the defendant has | ||
previously been finally convicted of two felony offenses, and the | ||
second previous felony conviction is for an offense that occurred | ||
subsequent to the first previous conviction having become final, on | ||
conviction the defendant shall be punished by imprisonment in the | ||
Texas Department of Criminal Justice for life, or for any term of | ||
not more than 99 years or less than 25 years. A previous conviction | ||
for a state jail felony punishable under Section 12.35(a) may not be | ||
used for enhancement purposes under this subsection. | ||
SECTION 2. Section 12.42(c)(4), Penal Code, as amended by | ||
Chapters 122 (H.B. 3000) and 1119 (H.B. 3), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is reenacted and amended to | ||
read as follows: | ||
(4) Notwithstanding Subdivision (1) or (2), and except | ||
as provided by Subdivision (3) for the trial of an offense under | ||
Section 22.021 as described by that subdivision, a defendant shall | ||
be punished by imprisonment in the Texas Department of Criminal | ||
Justice for life without parole if it is shown on the trial of an | ||
offense under Section 20A.03 or of a sexually violent [ |
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been finally convicted of: | ||
(A) an offense under Section 20A.03 or of a | ||
sexually violent [ |
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(B) an offense that was committed under the laws | ||
of another state and that contains elements that are substantially | ||
similar to the elements of an offense under Section 20A.03 or of a | ||
sexually violent [ |
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SECTION 3. Section 12.42, Penal Code, is amended by adding | ||
Subsection (h) to read as follows: | ||
(h) In this section, "sexually violent offense" means: | ||
(1) an offense under: | ||
(A) Section 21.02 (continuous sexual abuse of a | ||
young child or children); | ||
(B) Section 22.021 (aggravated sexual assault); | ||
(C) Section 20A.02(a)(3), (4), (7), or (8) (sex | ||
trafficking); | ||
(D) Section 21.11(a)(1) (indecency with a | ||
child); | ||
(E) Section 22.011 (sexual assault); or | ||
(F) Section 43.25 (sexual performance by a child) | ||
under the age of 14; | ||
(2) an offense under Section 20.04(a)(4) (aggravated | ||
kidnapping), if the defendant committed the offense with intent to | ||
violate or abuse the victim sexually; | ||
(3) an offense under Section 30.02 (burglary), if the | ||
offense is punishable under Subsection (d) of that section and the | ||
defendant committed the offense with intent to commit an offense | ||
under Section 21.11(a)(2) (indecency with a child) or 25.02 | ||
(prohibited sexual conduct) or a felony listed in Subdivision (1) | ||
or (2) of this subsection; or | ||
(4) 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 | ||
Subdivision (1), (2), or (3). | ||
SECTION 4. The change in law made by this Act in amending | ||
Section 12.42, Penal Code, 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 5. To the extent of any conflict, this Act prevails | ||
over another Act of the 83rd Legislature, Regular Session, 2013, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 6. This Act takes effect September 1, 2013. |