Bill Text: TX HB3110 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to possession or promotion of child sexual abuse material; increasing a criminal penalty; changing eligibility for community supervision.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-17 - Referred to Criminal Justice [HB3110 Detail]
Download: Texas-2021-HB3110-Introduced.html
Bill Title: Relating to possession or promotion of child sexual abuse material; increasing a criminal penalty; changing eligibility for community supervision.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-17 - Referred to Criminal Justice [HB3110 Detail]
Download: Texas-2021-HB3110-Introduced.html
87R8206 ADM-F | ||
By: Meyer | H.B. No. 3110 |
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relating to possession or promotion of child sexual abuse material; | ||
increasing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. POSSESSION OR PROMOTION OF CHILD SEXUAL ABUSE MATERIAL | ||
SECTION 1.01. The heading to Section 43.26, Penal Code, is | ||
amended to read as follows: | ||
Sec. 43.26. POSSESSION OR PROMOTION OF CHILD SEXUAL ABUSE | ||
MATERIAL [ |
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SECTION 1.02. Section 43.26, Penal Code, is amended by | ||
amending Subsections (d) and (g) and adding Subsection (g-1) to | ||
read as follows: | ||
(d) An offense under Subsection (a) is a felony of the | ||
second [ |
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[ |
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[ |
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trial of the offense that the person has been previously convicted | ||
[ |
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(g) Except as provided by Subsection (g-1), an [ |
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under Subsection (e) is a felony of the second degree with a minimum | ||
term of imprisonment of five years. | ||
(g-1) An offense under Subsection (e) [ |
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of the offense that the person has been previously convicted of an | ||
offense under that subsection. | ||
ARTICLE 2. CONFORMING AMENDMENTS | ||
SECTION 2.01. The heading to Chapter 110, Business & | ||
Commerce Code, is amended to read as follows: | ||
CHAPTER 110. COMPUTER TECHNICIANS REQUIRED TO REPORT CHILD SEXUAL | ||
ABUSE MATERIAL [ |
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SECTION 2.02. Section 110.001(1), Business & Commerce Code, | ||
is amended to read as follows: | ||
(1) "Child sexual abuse material [ |
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an image of a child engaging in sexual conduct or sexual | ||
performance. | ||
SECTION 2.03. The heading to Section 110.002, Business & | ||
Commerce Code, is amended to read as follows: | ||
Sec. 110.002. REPORTING OF IMAGES OF CHILD SEXUAL ABUSE | ||
MATERIAL [ |
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SECTION 2.04. Sections 110.002(a) and (c), Business & | ||
Commerce Code, are amended to read as follows: | ||
(a) A computer technician who, in the course and scope of | ||
employment or business, views an image on a computer that is or | ||
appears to be child sexual abuse material [ |
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immediately report the discovery of the image to a local or state | ||
law enforcement agency or the Cyber Tipline at the National Center | ||
for Missing and Exploited Children. The report must include the | ||
name and address of the owner or person claiming a right to | ||
possession of the computer, if known, and as permitted by federal | ||
law. | ||
(c) A telecommunications provider, commercial mobile | ||
service provider, or information service provider may not be held | ||
liable under this chapter for the failure to report child sexual | ||
abuse material [ |
||
user of the service. | ||
SECTION 2.05. Section 110.003(b), Business & Commerce Code, | ||
is amended to read as follows: | ||
(b) It is a defense to prosecution under this section that | ||
the actor did not report the discovery of an image of child sexual | ||
abuse material [ |
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appeared to be at least 18 years of age. | ||
SECTION 2.06. Articles 18.18(a), (b), (e), (f), (g), and | ||
(h), Code of Criminal Procedure, are amended to read as follows: | ||
(a) Following the final conviction of a person for | ||
possession of a gambling device or equipment, altered gambling | ||
equipment, or gambling paraphernalia, for an offense involving a | ||
criminal instrument, for an offense involving an obscene device or | ||
material, for an offense involving child sexual abuse material | ||
[ |
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re-encoder, the court entering the judgment of conviction shall | ||
order that the machine, device, gambling equipment or gambling | ||
paraphernalia, instrument, obscene device or material, child | ||
sexual abuse material [ |
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re-encoder be destroyed or forfeited to the state. Not later than | ||
the 30th day after the final conviction of a person for an offense | ||
involving a prohibited weapon, the court entering the judgment of | ||
conviction on its own motion, on the motion of the prosecuting | ||
attorney in the case, or on the motion of the law enforcement agency | ||
initiating the complaint on notice to the prosecuting attorney in | ||
the case if the prosecutor fails to move for the order shall order | ||
that the prohibited weapon be destroyed or forfeited to the law | ||
enforcement agency that initiated the complaint. If the court fails | ||
to enter the order within the time required by this subsection, any | ||
magistrate in the county in which the offense occurred may enter the | ||
order. Following the final conviction of a person for an offense | ||
involving dog fighting, the court entering the judgment of | ||
conviction shall order that any dog-fighting equipment be destroyed | ||
or forfeited to the state. Destruction of dogs, if necessary, must | ||
be carried out by a veterinarian licensed in this state or, if one | ||
is not available, by trained personnel of a humane society or an | ||
animal shelter. If forfeited, the court shall order the contraband | ||
delivered to the state, any political subdivision of the state, or | ||
to any state institution or agency. If gambling proceeds were | ||
seized, the court shall order them forfeited to the state and shall | ||
transmit them to the grand jury of the county in which they were | ||
seized for use in investigating alleged violations of the Penal | ||
Code, or to the state, any political subdivision of the state, or to | ||
any state institution or agency. | ||
(b) If there is no prosecution or conviction following | ||
seizure, the magistrate to whom the return was made shall notify in | ||
writing the person found in possession of the alleged gambling | ||
device or equipment, altered gambling equipment or gambling | ||
paraphernalia, gambling proceeds, prohibited weapon, obscene | ||
device or material, child sexual abuse material [ |
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scanning device or re-encoder, criminal instrument, or | ||
dog-fighting equipment to show cause why the property seized should | ||
not be destroyed or the proceeds forfeited. The magistrate, on the | ||
motion of the law enforcement agency seizing a prohibited weapon, | ||
shall order the weapon destroyed or forfeited to the law | ||
enforcement agency seizing the weapon, unless a person shows cause | ||
as to why the prohibited weapon should not be destroyed or | ||
forfeited. A law enforcement agency shall make a motion under this | ||
subsection [ |
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agency is informed in writing by the attorney representing the | ||
state that no prosecution will arise from the seizure. | ||
(e) Any person interested in the alleged gambling device or | ||
equipment, altered gambling equipment or gambling paraphernalia, | ||
gambling proceeds, prohibited weapon, obscene device or material, | ||
child sexual abuse material [ |
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re-encoder, criminal instrument, or dog-fighting equipment seized | ||
must appear before the magistrate on the 20th day following the date | ||
the notice was mailed or posted. Failure to timely appear forfeits | ||
any interest the person may have in the property or proceeds seized, | ||
and no person after failing to timely appear may contest | ||
destruction or forfeiture. | ||
(f) If a person timely appears to show cause why the | ||
property or proceeds should not be destroyed or forfeited, the | ||
magistrate shall conduct a hearing on the issue and determine the | ||
nature of property or proceeds and the person's interest therein. | ||
Unless the person proves by a preponderance of the evidence that the | ||
property or proceeds is not gambling equipment, altered gambling | ||
equipment, gambling paraphernalia, gambling device, gambling | ||
proceeds, prohibited weapon, obscene device or material, child | ||
sexual abuse material [ |
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device or re-encoder, or dog-fighting equipment and that the person | ||
[ |
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property or proceeds in accordance with Subsection [ |
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[ |
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(g) For purposes of this article: | ||
(1) "criminal instrument" has the meaning defined in | ||
the Penal Code; | ||
(2) "gambling device or equipment, altered gambling | ||
equipment or gambling paraphernalia" has the meaning defined in the | ||
Penal Code; | ||
(3) "prohibited weapon" has the meaning defined in the | ||
Penal Code; | ||
(4) "dog-fighting equipment" means: | ||
(A) equipment used for training or handling a | ||
fighting dog, including a harness, treadmill, cage, decoy, pen, | ||
house for keeping a fighting dog, feeding apparatus, or training | ||
pen; | ||
(B) equipment used for transporting a fighting | ||
dog, including any automobile[ |
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appurtenances which are intended to be used as a vehicle for | ||
transporting a fighting dog; | ||
(C) equipment used to promote or advertise an | ||
exhibition of dog fighting, including a printing press or similar | ||
equipment, paper, ink, or photography equipment; or | ||
(D) a dog trained, being trained, or intended to | ||
be used to fight with another dog; | ||
(5) "obscene device" and "obscene" have the meanings | ||
assigned by Section 43.21, Penal Code; | ||
(6) "re-encoder" has the meaning assigned by Section | ||
522.001, Business & Commerce Code; | ||
(7) "scanning device" has the meaning assigned by | ||
Section 522.001, Business & Commerce Code; and | ||
(8) "obscene material" and "child sexual abuse | ||
material [ |
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equipment on which those images are stored. | ||
(h) No provider of an electronic communication service or of | ||
a remote computing service to the public shall be held liable for an | ||
offense involving obscene material or child sexual abuse material | ||
[ |
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taken in good faith in providing that service. | ||
SECTION 2.07. Section 2(a), Article 38.37, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) Subsection (b) applies only to the trial of a defendant | ||
for: | ||
(1) an offense under any of the following provisions | ||
of the Penal Code: | ||
(A) Section 20A.02, if punishable as a felony of | ||
the first degree under Section 20A.02(b)(1) (Sex Trafficking of a | ||
Child); | ||
(B) Section 21.02 (Continuous Sexual Abuse of | ||
Young Child or Children); | ||
(C) Section 21.11 (Indecency With a Child); | ||
(D) Section 22.011(a)(2) (Sexual Assault of a | ||
Child); | ||
(E) Sections 22.021(a)(1)(B) and (2) (Aggravated | ||
Sexual Assault of a Child); | ||
(F) Section 33.021 (Online Solicitation of a | ||
Minor); | ||
(G) Section 43.25 (Sexual Performance by a | ||
Child); or | ||
(H) Section 43.26 (Possession or Promotion of | ||
Child Sexual Abuse Material [ |
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(2) an attempt or conspiracy to commit an offense | ||
described by Subdivision (1). | ||
SECTION 2.08. Article 38.45(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) During the course of a criminal hearing or proceeding, | ||
the court may not make available or allow to be made available for | ||
copying or dissemination to the public property or material: | ||
(1) that constitutes child sexual abuse material | ||
[ |
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(2) the promotion or possession of which is prohibited | ||
under Section 43.261, Penal Code; or | ||
(3) that is described by Section 2 or 5, Article | ||
38.071, of this code. | ||
SECTION 2.09. Article 39.15(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) In the manner provided by this article, a court shall | ||
allow discovery under Article 39.14 of property or material: | ||
(1) that constitutes child sexual abuse material | ||
[ |
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(2) the promotion or possession of which is prohibited | ||
under Section 43.261, Penal Code; or | ||
(3) that is described by Section 2 or 5, Article | ||
38.071, of this code. | ||
SECTION 2.10. Article 42A.251(2), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(2) "Sex offender" means a person who has been | ||
convicted of, or has entered a plea of guilty or nolo contendere | ||
for, an offense under any one of the following provisions of the | ||
Penal Code: | ||
(A) Section 20.04(a)(4) (Aggravated Kidnapping), | ||
if the person committed the offense with the intent to violate or | ||
abuse the victim sexually; | ||
(B) Section 21.08 (Indecent Exposure); | ||
(C) Section 21.11 (Indecency with a Child); | ||
(D) Section 22.011 (Sexual Assault); | ||
(E) Section 22.021 (Aggravated Sexual Assault); | ||
(F) Section 25.02 (Prohibited Sexual Conduct); | ||
(G) Section 30.02 (Burglary), if: | ||
(i) the offense is punishable under | ||
Subsection (d) of that section; and | ||
(ii) the person committed the offense with | ||
the intent to commit a felony listed in this subdivision; | ||
(H) Section 43.25 (Sexual Performance by a | ||
Child); or | ||
(I) Section 43.26 (Possession or Promotion of | ||
Child Sexual Abuse Material [ |
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SECTION 2.11. Article 62.001(5), Code of Criminal | ||
Procedure, is 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 children), 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 sexual abuse material [ |
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(B-1) a violation of Section 43.02 | ||
(Prostitution), Penal Code, if the offense is punishable under | ||
Subsection (c-1)(2) of that section; | ||
(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. | ||
SECTION 2.12. Section 201.062(a), Estates Code, is amended | ||
to read as follows: | ||
(a) A probate court may enter an order declaring that the | ||
parent of a child under 18 years of age may not inherit from or | ||
through the child under the laws of descent and distribution if the | ||
court finds by clear and convincing evidence that the parent has: | ||
(1) voluntarily abandoned and failed to support the | ||
child in accordance with the parent's obligation or ability for at | ||
least three years before the date of the child's death, and did not | ||
resume support for the child before that date; | ||
(2) voluntarily and with knowledge of the pregnancy: | ||
(A) abandoned the child's mother beginning at a | ||
time during her pregnancy with the child and continuing through the | ||
birth; | ||
(B) failed to provide adequate support or medical | ||
care for the mother during the period of abandonment before the | ||
child's birth; and | ||
(C) remained apart from and failed to support the | ||
child since birth; or | ||
(3) been convicted or has been placed on community | ||
supervision, including deferred adjudication community | ||
supervision, for being criminally responsible for the death or | ||
serious injury of a child under the following sections of the Penal | ||
Code or adjudicated under Title 3, Family Code, for conduct that | ||
caused the death or serious injury of a child and that would | ||
constitute a violation of 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 21.11 (indecency with a child); | ||
(E) Section 22.01 (assault); | ||
(F) Section 22.011 (sexual assault); | ||
(G) Section 22.02 (aggravated assault); | ||
(H) Section 22.021 (aggravated sexual assault); | ||
(I) Section 22.04 (injury to a child, elderly | ||
individual, or disabled individual); | ||
(J) Section 22.041 (abandoning or endangering | ||
child); | ||
(K) Section 25.02 (prohibited sexual conduct); | ||
(L) Section 43.25 (sexual performance by a | ||
child); or | ||
(M) Section 43.26 (possession or promotion of | ||
child sexual abuse material [ |
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SECTION 2.13. Section 161.001(b), Family Code, is amended | ||
to read as follows: | ||
(b) The court may order termination of the parent-child | ||
relationship if the court finds by clear and convincing evidence: | ||
(1) that the parent has: | ||
(A) voluntarily left the child alone or in the | ||
possession of another not the parent and expressed an intent not to | ||
return; | ||
(B) voluntarily left the child alone or in the | ||
possession of another not the parent without expressing an intent | ||
to return, without providing for the adequate support of the child, | ||
and remained away for a period of at least three months; | ||
(C) voluntarily left the child alone or in the | ||
possession of another without providing adequate support of the | ||
child and remained away for a period of at least six months; | ||
(D) knowingly placed or knowingly allowed the | ||
child to remain in conditions or surroundings which endanger the | ||
physical or emotional well-being of the child; | ||
(E) engaged in conduct or knowingly placed the | ||
child with persons who engaged in conduct which endangers the | ||
physical or emotional well-being of the child; | ||
(F) failed to support the child in accordance | ||
with the parent's ability during a period of one year ending within | ||
six months of the date of the filing of the petition; | ||
(G) abandoned the child without identifying the | ||
child or furnishing means of identification, and the child's | ||
identity cannot be ascertained by the exercise of reasonable | ||
diligence; | ||
(H) voluntarily, and with knowledge of the | ||
pregnancy, abandoned the mother of the child beginning at a time | ||
during her pregnancy with the child and continuing through the | ||
birth, failed to provide adequate support or medical care for the | ||
mother during the period of abandonment before the birth of the | ||
child, and remained apart from the child or failed to support the | ||
child since the birth; | ||
(I) contumaciously refused to submit to a | ||
reasonable and lawful order of a court under Subchapter D, Chapter | ||
261; | ||
(J) been the major cause of: | ||
(i) the failure of the child to be enrolled | ||
in school as required by the Education Code; or | ||
(ii) the child's absence from the child's | ||
home without the consent of the parents or guardian for a | ||
substantial length of time or without the intent to return; | ||
(K) executed before or after the suit is filed an | ||
unrevoked or irrevocable affidavit of relinquishment of parental | ||
rights as provided by this chapter; | ||
(L) been convicted or has been placed on | ||
community supervision, including deferred adjudication community | ||
supervision, for being criminally responsible for the death or | ||
serious injury of a child under the following sections of the Penal | ||
Code, or under a law of another jurisdiction that contains elements | ||
that are substantially similar to the elements of an offense under | ||
one of the following Penal Code sections, or adjudicated under | ||
Title 3 for conduct that caused the death or serious injury of a | ||
child and that would constitute a violation of one of the following | ||
Penal Code sections: | ||
(i) Section 19.02 (murder); | ||
(ii) Section 19.03 (capital murder); | ||
(iii) Section 19.04 (manslaughter); | ||
(iv) Section 21.11 (indecency with a | ||
child); | ||
(v) Section 22.01 (assault); | ||
(vi) Section 22.011 (sexual assault); | ||
(vii) Section 22.02 (aggravated assault); | ||
(viii) Section 22.021 (aggravated sexual | ||
assault); | ||
(ix) Section 22.04 (injury to a child, | ||
elderly individual, or disabled individual); | ||
(x) Section 22.041 (abandoning or | ||
endangering child); | ||
(xi) Section 25.02 (prohibited sexual | ||
conduct); | ||
(xii) Section 43.25 (sexual performance by | ||
a child); | ||
(xiii) Section 43.26 (possession or | ||
promotion of child sexual abuse material [ |
||
(xiv) Section 21.02 (continuous sexual | ||
abuse of young child or children); | ||
(xv) Section 20A.02(a)(7) or (8) | ||
(trafficking of persons); and | ||
(xvi) Section 43.05(a)(2) (compelling | ||
prostitution); | ||
(M) had his or her parent-child relationship | ||
terminated with respect to another child based on a finding that the | ||
parent's conduct was in violation of Paragraph (D) or (E) or | ||
substantially equivalent provisions of the law of another state; | ||
(N) constructively abandoned the child who has | ||
been in the permanent or temporary managing conservatorship of the | ||
Department of Family and Protective Services for not less than six | ||
months, and: | ||
(i) the department has made reasonable | ||
efforts to return the child to the parent; | ||
(ii) the parent has not regularly visited | ||
or maintained significant contact with the child; and | ||
(iii) the parent has demonstrated an | ||
inability to provide the child with a safe environment; | ||
(O) failed to comply with the provisions of a | ||
court order that specifically established the actions necessary for | ||
the parent to obtain the return of the child who has been in the | ||
permanent or temporary managing conservatorship of the Department | ||
of Family and Protective Services for not less than nine months as a | ||
result of the child's removal from the parent under Chapter 262 for | ||
the abuse or neglect of the child; | ||
(P) used a controlled substance, as defined by | ||
Chapter 481, Health and Safety Code, in a manner that endangered the | ||
health or safety of the child, and: | ||
(i) failed to complete a court-ordered | ||
substance abuse treatment program; or | ||
(ii) after completion of a court-ordered | ||
substance abuse treatment program, continued to abuse a controlled | ||
substance; | ||
(Q) knowingly engaged in criminal conduct that | ||
has resulted in the parent's: | ||
(i) conviction of an offense; and | ||
(ii) confinement or imprisonment and | ||
inability to care for the child for not less than two years from the | ||
date of filing the petition; | ||
(R) been the cause of the child being born | ||
addicted to alcohol or a controlled substance, other than a | ||
controlled substance legally obtained by prescription; | ||
(S) voluntarily delivered the child to a | ||
designated emergency infant care provider under Section 262.302 | ||
without expressing an intent to return for the child; | ||
(T) been convicted of: | ||
(i) the murder of the other parent of the | ||
child under Section 19.02 or 19.03, Penal Code, or under a law of | ||
another state, federal law, the law of a foreign country, or the | ||
Uniform Code of Military Justice that contains elements that are | ||
substantially similar to the elements of an offense under Section | ||
19.02 or 19.03, Penal Code; | ||
(ii) criminal attempt under Section 15.01, | ||
Penal Code, or under a law of another state, federal law, the law of | ||
a foreign country, or the Uniform Code of Military Justice that | ||
contains elements that are substantially similar to the elements of | ||
an offense under Section 15.01, Penal Code, to commit the offense | ||
described by Subparagraph (i); | ||
(iii) criminal solicitation under Section | ||
15.03, Penal Code, or under a law of another state, federal law, the | ||
law of a foreign country, or the Uniform Code of Military Justice | ||
that contains elements that are substantially similar to the | ||
elements of an offense under Section 15.03, Penal Code, of the | ||
offense described by Subparagraph (i); or | ||
(iv) the sexual assault of the other parent | ||
of the child under Section 22.011 or 22.021, Penal Code, or under a | ||
law of another state, federal law, or the Uniform Code of Military | ||
Justice that contains elements that are substantially similar to | ||
the elements of an offense under Section 22.011 or 22.021, Penal | ||
Code; or | ||
(U) been placed on community supervision, | ||
including deferred adjudication community supervision, or another | ||
functionally equivalent form of community supervision or | ||
probation, for being criminally responsible for the sexual assault | ||
of the other parent of the child under Section 22.011 or 22.021, | ||
Penal Code, or under a law of another state, federal law, or the | ||
Uniform Code of Military Justice that contains elements that are | ||
substantially similar to the elements of an offense under Section | ||
22.011 or 22.021, Penal Code; and | ||
(2) that termination is in the best interest of the | ||
child. | ||
SECTION 2.14. Section 261.001(1), Family Code, is amended | ||
to read as follows: | ||
(1) "Abuse" includes the following acts or omissions | ||
by a person: | ||
(A) mental or emotional injury to a child that | ||
results in an observable and material impairment in the child's | ||
growth, development, or psychological functioning; | ||
(B) causing or permitting the child to be in a | ||
situation in which the child sustains a mental or emotional injury | ||
that results in an observable and material impairment in the | ||
child's growth, development, or psychological functioning; | ||
(C) physical injury that results in substantial | ||
harm to the child, or the genuine threat of substantial harm from | ||
physical injury to the child, including an injury that is at | ||
variance with the history or explanation given and excluding an | ||
accident or reasonable discipline by a parent, guardian, or | ||
managing or possessory conservator that does not expose the child | ||
to a substantial risk of harm; | ||
(D) failure to make a reasonable effort to | ||
prevent an action by another person that results in physical injury | ||
that results in substantial harm to the child; | ||
(E) sexual conduct harmful to a child's mental, | ||
emotional, or physical welfare, including conduct that constitutes | ||
the offense of continuous sexual abuse of young child or children | ||
under Section 21.02, Penal Code, indecency with a child under | ||
Section 21.11, Penal Code, sexual assault under Section 22.011, | ||
Penal Code, or aggravated sexual assault under Section 22.021, | ||
Penal Code; | ||
(F) failure to make a reasonable effort to | ||
prevent sexual conduct harmful to a child; | ||
(G) compelling or encouraging the child to engage | ||
in sexual conduct as defined by Section 43.01, Penal Code, | ||
including compelling or encouraging the child in a manner that | ||
constitutes an offense of trafficking of persons under Section | ||
20A.02(a)(7) or (8), Penal Code, prostitution under Section | ||
43.02(b), Penal Code, or compelling prostitution under Section | ||
43.05(a)(2), Penal Code; | ||
(H) causing, permitting, encouraging, engaging | ||
in, or allowing the photographing, filming, or depicting of the | ||
child if the person knew or should have known that the resulting | ||
photograph, film, or depiction of the child: | ||
(i) is obscene as defined by Section 43.21, | ||
Penal Code;[ |
||
(ii) constitutes child sexual abuse | ||
material [ |
||
(I) the current use by a person of a controlled | ||
substance as defined by Chapter 481, Health and Safety Code, in a | ||
manner or to the extent that the use results in physical, mental, or | ||
emotional injury to a child; | ||
(J) causing, expressly permitting, or | ||
encouraging a child to use a controlled substance as defined by | ||
Chapter 481, Health and Safety Code; | ||
(K) causing, permitting, encouraging, engaging | ||
in, or allowing a sexual performance by a child as defined by | ||
Section 43.25, Penal Code; | ||
(L) knowingly causing, permitting, encouraging, | ||
engaging in, or allowing a child to be trafficked in a manner | ||
punishable as an offense under Section 20A.02(a)(5), (6), (7), or | ||
(8), Penal Code, or the failure to make a reasonable effort to | ||
prevent a child from being trafficked in a manner punishable as an | ||
offense under any of those sections; or | ||
(M) forcing or coercing a child to enter into a | ||
marriage. | ||
SECTION 2.15. Section 262.2015(b), Family Code, is amended | ||
to read as follows: | ||
(b) The court may find under Subsection (a) that a parent | ||
has subjected the child to aggravated circumstances if: | ||
(1) the parent abandoned the child without | ||
identification or a means for identifying the child; | ||
(2) the child or another child of the parent is a | ||
victim of serious bodily injury or sexual abuse inflicted by the | ||
parent or by another person with the parent's consent; | ||
(3) the parent has engaged in conduct against the | ||
child or another child of the parent that would constitute an | ||
offense under the following provisions of the Penal Code: | ||
(A) Section 19.02 (murder); | ||
(B) Section 19.03 (capital murder); | ||
(C) Section 19.04 (manslaughter); | ||
(D) Section 21.11 (indecency with a child); | ||
(E) Section 22.011 (sexual assault); | ||
(F) Section 22.02 (aggravated assault); | ||
(G) Section 22.021 (aggravated sexual assault); | ||
(H) Section 22.04 (injury to a child, elderly | ||
individual, or disabled individual); | ||
(I) Section 22.041 (abandoning or endangering | ||
child); | ||
(J) Section 25.02 (prohibited sexual conduct); | ||
(K) Section 43.25 (sexual performance by a | ||
child); | ||
(L) Section 43.26 (possession or promotion of | ||
child sexual abuse material [ |
||
(M) Section 21.02 (continuous sexual abuse of | ||
young child or children); | ||
(N) Section 43.05(a)(2) (compelling | ||
prostitution); or | ||
(O) Section 20A.02(a)(7) or (8) (trafficking of | ||
persons); | ||
(4) the parent voluntarily left the child alone or in | ||
the possession of another person not the parent of the child for at | ||
least six months without expressing an intent to return and without | ||
providing adequate support for the child; | ||
(5) the parent's parental rights with regard to | ||
another child have been involuntarily terminated based on a finding | ||
that the parent's conduct violated Section 161.001(b)(1)(D) or (E) | ||
or a substantially equivalent provision of another state's law; | ||
(6) the parent has been convicted for: | ||
(A) the murder of another child of the parent and | ||
the offense would have been an offense under 18 U.S.C. Section | ||
1111(a) if the offense had occurred in the special maritime or | ||
territorial jurisdiction of the United States; | ||
(B) the voluntary manslaughter of another child | ||
of the parent and the offense would have been an offense under 18 | ||
U.S.C. Section 1112(a) if the offense had occurred in the special | ||
maritime or territorial jurisdiction of the United States; | ||
(C) aiding or abetting, attempting, conspiring, | ||
or soliciting an offense under Paragraph (A) or (B); or | ||
(D) the felony assault of the child or another | ||
child of the parent that resulted in serious bodily injury to the | ||
child or another child of the parent; | ||
(7) the parent's parental rights with regard to | ||
another child of the parent have been involuntarily terminated; or | ||
(8) the parent is required under any state or federal | ||
law to register with a sex offender registry. | ||
SECTION 2.16. Section 20A.02(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person knowingly: | ||
(1) traffics another person with the intent that the | ||
trafficked person engage in forced labor or services; | ||
(2) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (1), including | ||
by receiving labor or services the person knows are forced labor or | ||
services; | ||
(3) traffics another person and, through force, fraud, | ||
or coercion, causes the trafficked person to engage in conduct | ||
prohibited by: | ||
(A) Section 43.02 (Prostitution); | ||
(B) Section 43.03 (Promotion of Prostitution); | ||
(B-1) Section 43.031 (Online Promotion of | ||
Prostitution); | ||
(C) Section 43.04 (Aggravated Promotion of | ||
Prostitution); | ||
(C-1) Section 43.041 (Aggravated Online | ||
Promotion of Prostitution); or | ||
(D) Section 43.05 (Compelling Prostitution); | ||
(4) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (3) or engages | ||
in sexual conduct with a person trafficked in the manner described | ||
in Subdivision (3); | ||
(5) traffics a child with the intent that the | ||
trafficked child engage in forced labor or services; | ||
(6) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (5), including | ||
by receiving labor or services the person knows are forced labor or | ||
services; | ||
(7) traffics a child and by any means causes the | ||
trafficked child to engage in, or become the victim of, conduct | ||
prohibited by: | ||
(A) Section 21.02 (Continuous Sexual Abuse of | ||
Young Child or Children); | ||
(B) Section 21.11 (Indecency with a Child); | ||
(C) Section 22.011 (Sexual Assault); | ||
(D) Section 22.021 (Aggravated Sexual Assault); | ||
(E) Section 43.02 (Prostitution); | ||
(F) Section 43.03 (Promotion of Prostitution); | ||
(F-1) Section 43.031 (Online Promotion of | ||
Prostitution); | ||
(G) Section 43.04 (Aggravated Promotion of | ||
Prostitution); | ||
(G-1) Section 43.041 (Aggravated Online | ||
Promotion of Prostitution); | ||
(H) Section 43.05 (Compelling Prostitution); | ||
(I) Section 43.25 (Sexual Performance by a | ||
Child); | ||
(J) Section 43.251 (Employment Harmful to | ||
Children); or | ||
(K) Section 43.26 (Possession or Promotion of | ||
Child Sexual Abuse Material [ |
||
(8) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (7) or engages | ||
in sexual conduct with a child trafficked in the manner described in | ||
Subdivision (7). | ||
ARTICLE 3. TRANSITION AND EFFECTIVE DATE | ||
SECTION 3.01. 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 section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 3.02. This Act takes effect September 1, 2021. |