Bill Text: TX HB3111 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the criminal offense of online solicitation relating to a minor; creating a criminal offense; changing eligibility for community supervision.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2021-05-10 - Referred to Criminal Justice [HB3111 Detail]
Download: Texas-2021-HB3111-Engrossed.html
87R17249 ADM-F | ||
By: Meyer, Hunter, A. Johnson of Harris | H.B. No. 3111 |
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relating to the criminal offense of online solicitation relating to | ||
a minor; creating a criminal offense; changing eligibility for | ||
community supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. ONLINE SOLICITATION RELATING TO A MINOR | ||
SECTION 1.01. Article 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); | ||
(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, 21.11, 22.011, | ||
22.021, or 25.02, Penal Code; | ||
(13) Section 33.021, Penal Code (Online Solicitation | ||
Relating to a Minor); | ||
(14) Section 43.04, Penal Code (Aggravated Promotion | ||
of Prostitution); | ||
(15) [ |
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Prostitution); | ||
(16) [ |
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Performance by a Child); or | ||
(17) [ |
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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. | ||
SECTION 1.02. Article 42A.056, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY | ||
SUPERVISION. A defendant is not eligible for community supervision | ||
under Article 42A.055 if the defendant: | ||
(1) is sentenced to a term of imprisonment that | ||
exceeds 10 years; | ||
(2) is convicted of a state jail felony for which | ||
suspension of the imposition of the sentence occurs automatically | ||
under Article 42A.551; | ||
(3) is adjudged guilty of an offense under Section | ||
19.02, Penal Code; | ||
(4) is convicted of an offense under Section 21.11, | ||
22.011, or 22.021, Penal Code, if the victim of the offense was | ||
younger than 14 years of age at the time the offense was committed; | ||
(5) is convicted of an offense under Section 20.04, | ||
Penal Code, if: | ||
(A) the victim of the offense was younger than 14 | ||
years of age at the time the offense was committed; and | ||
(B) the actor committed the offense with the | ||
intent to violate or abuse the victim sexually; | ||
(6) is convicted of an offense under Section 20A.02, | ||
20A.03, 33.021, 43.04, 43.05, or 43.25, Penal Code; or | ||
(7) is convicted of an offense for which punishment is | ||
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 of those subsections. | ||
SECTION 1.03. The heading to Section 33.021, Penal Code, is | ||
amended to read as follows: | ||
Sec. 33.021. ONLINE SOLICITATION RELATING TO [ |
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SECTION 1.04. Section 33.021, Penal Code, is amended by | ||
adding Subsections (c-1) and (f-1) and amending Subsections (d), | ||
(e), and (f) to read as follows: | ||
(c-1) A person commits an offense if the person, over the | ||
Internet, by electronic mail or text message or other electronic | ||
message service or system, or through a commercial online service, | ||
knowingly solicits a person with the intent that the solicitation | ||
will cause a minor to meet another person, including the actor, to | ||
engage in sexual contact, sexual intercourse, or deviate sexual | ||
intercourse. | ||
(d) It is not a defense to prosecution under Subsection (c) | ||
or (c-1) that the meeting did not occur. | ||
(e) It is a defense to prosecution under this section that | ||
at the time conduct described by Subsection (c) or (c-1) was | ||
committed: | ||
(1) the actor was married to the minor; or | ||
(2) the actor was not more than three years older than | ||
the minor and the minor consented to the conduct. | ||
(f) An offense under Subsection (b) is a felony of the third | ||
degree, except that the offense is a felony of the second degree if | ||
the minor is younger than 14 years of age or is an individual whom | ||
the actor believes to be younger than 14 years of age at the time of | ||
the commission of the offense. | ||
(f-1) An offense under Subsection (c) or (c-1) is a felony | ||
of the second degree. | ||
ARTICLE 2. CONFORMING AMENDMENTS | ||
SECTION 2.01. 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 Relating | ||
to [ |
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(G) Section 43.25 (Sexual Performance by a | ||
Child); or | ||
(H) Section 43.26 (Possession or Promotion of | ||
Child Pornography), Penal Code; or | ||
(2) an attempt or conspiracy to commit an offense | ||
described by Subdivision (1). | ||
SECTION 2.02. 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 pornography), Penal Code; | ||
(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 relating to [ |
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(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 2.03. Section 250.006(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) A person for whom the facility or the individual | ||
employer is entitled to obtain criminal history record information | ||
may not be employed in a facility or by an individual employer if | ||
the person has been convicted of an offense listed in this | ||
subsection: | ||
(1) an offense under Chapter 19, Penal Code (criminal | ||
homicide); | ||
(2) an offense under Chapter 20, Penal Code | ||
(kidnapping, unlawful restraint, and smuggling of persons); | ||
(3) an offense under Section 21.02, Penal Code | ||
(continuous sexual abuse of young child or children), or Section | ||
21.11, Penal Code (indecency with a child); | ||
(4) an offense under Section 22.011, Penal Code | ||
(sexual assault); | ||
(5) an offense under Section 22.02, Penal Code | ||
(aggravated assault); | ||
(6) an offense under Section 22.04, Penal Code (injury | ||
to a child, elderly individual, or disabled individual); | ||
(7) an offense under Section 22.041, Penal Code | ||
(abandoning or endangering child); | ||
(8) an offense under Section 22.08, Penal Code (aiding | ||
suicide); | ||
(9) an offense under Section 25.031, Penal Code | ||
(agreement to abduct from custody); | ||
(10) an offense under Section 25.08, Penal Code (sale | ||
or purchase of child); | ||
(11) an offense under Section 28.02, Penal Code | ||
(arson); | ||
(12) an offense under Section 29.02, Penal Code | ||
(robbery); | ||
(13) an offense under Section 29.03, Penal Code | ||
(aggravated robbery); | ||
(14) an offense under Section 21.08, Penal Code | ||
(indecent exposure); | ||
(15) an offense under Section 21.12, Penal Code | ||
(improper relationship between educator and student); | ||
(16) an offense under Section 21.15, Penal Code | ||
(invasive visual recording); | ||
(17) an offense under Section 22.05, Penal Code | ||
(deadly conduct); | ||
(18) an offense under Section 22.021, Penal Code | ||
(aggravated sexual assault); | ||
(19) an offense under Section 22.07, Penal Code | ||
(terroristic threat); | ||
(20) an offense under Section 32.53, Penal Code | ||
(exploitation of child, elderly individual, or disabled | ||
individual); | ||
(21) an offense under Section 33.021, Penal Code | ||
(online solicitation relating to [ |
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(22) an offense under Section 34.02, Penal Code (money | ||
laundering); | ||
(23) an offense under Section 35A.02, Penal Code | ||
(health care fraud); | ||
(24) an offense under Section 36.06, Penal Code | ||
(obstruction or retaliation); | ||
(25) an offense under Section 42.09, Penal Code | ||
(cruelty to livestock animals), or under Section 42.092, Penal Code | ||
(cruelty to nonlivestock animals); or | ||
(26) a conviction under the laws of another state, | ||
federal law, or the Uniform Code of Military Justice for an offense | ||
containing elements that are substantially similar to the elements | ||
of an offense listed by this subsection. | ||
SECTION 2.04. Section 773.0614(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) A certificate holder's certificate shall be revoked if | ||
the certificate holder has been convicted of or placed on deferred | ||
adjudication community supervision or deferred disposition for: | ||
(1) an offense listed in Article 42A.054(a)(2), (3), | ||
(4), (7), (8), (9), (11), or (17) [ |
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Procedure; or | ||
(2) an offense, other than an offense described by | ||
Subdivision (1), committed on or after September 1, 2009, for which | ||
the person is subject to registration under Chapter 62, Code of | ||
Criminal Procedure. | ||
SECTION 2.05. Section 773.06141(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) The department may suspend, revoke, or deny an emergency | ||
medical services provider license on the grounds that the | ||
provider's administrator of record, employee, or other | ||
representative: | ||
(1) has been convicted of, or placed on deferred | ||
adjudication community supervision or deferred disposition for, an | ||
offense that directly relates to the duties and responsibilities of | ||
the administrator, employee, or representative, other than an | ||
offense described by Section 542.304, Transportation Code; | ||
(2) has been convicted of or placed on deferred | ||
adjudication community supervision or deferred disposition for an | ||
offense, including: | ||
(A) an offense listed in Article 42A.054(a)(2), | ||
(3), (4), (7), (8), (9), (11), or (17) [ |
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Procedure; or | ||
(B) an offense, other than an offense described | ||
by Subdivision (1), for which the person is subject to registration | ||
under Chapter 62, Code of Criminal Procedure; or | ||
(3) has been convicted of Medicare or Medicaid fraud, | ||
has been excluded from participation in the state Medicaid program, | ||
or has a hold on payment for reimbursement under the state Medicaid | ||
program under Subchapter C, Chapter 531, Government Code. | ||
ARTICLE 3. EFFECTIVE DATE | ||
SECTION 3.01. This Act takes effect September 1, 2021. |