85R2908 MAW-D
	By: Uresti	S.B. No. 688

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of the offense of aggravated
	kidnapping.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 20.04(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if the actor [he]
	intentionally or knowingly abducts another person with the intent
	to:
	(1)  hold the person [him] for ransom or reward;
	(2)  use the person [him] as a shield or hostage;
	(3)  facilitate the commission of a felony or the
	flight after the attempt or commission of a felony;
	(4)  inflict bodily injury on the person [him or
	violate or abuse him sexually];
	(5)  terrorize the person [him] or a third person; [or]
	(6)  interfere with the performance of any governmental
	or political function; or
	(7)  violate or abuse the person sexually.
	SECTION 2.  Article 12.01, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 12.01.  FELONIES.  Except as provided in Article 12.03,
	felony indictments may be presented within these limits, and not
	afterward:
	(1)  no limitation:
	(A)  murder and manslaughter;
	(B)  sexual assault under Section 22.011(a)(2),
	Penal Code, or aggravated sexual assault under Section
	22.021(a)(1)(B), Penal Code;
	(C)  sexual assault, if:
	(i)  during the investigation of the offense
	biological matter is collected and subjected to forensic DNA
	testing and the testing results show that the matter does not match
	the victim or any other person whose identity is readily
	ascertained; or
	(ii)  probable cause exists to believe that
	the defendant has committed the same or a similar sexual offense
	against five or more victims;
	(D)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code;
	(E)  indecency with a child under Section 21.11,
	Penal Code;
	(F)  an offense involving leaving the scene of an
	accident under Section 550.021, Transportation Code, if the
	accident resulted in the death of a person;
	(G)  trafficking of persons under Section
	20A.02(a)(7) or (8), Penal Code;
	(H)  continuous trafficking of persons under
	Section 20A.03, Penal Code; or
	(I)  compelling prostitution under Section
	43.05(a)(2), Penal Code;
	(2)  ten years from the date of the commission of the
	offense:
	(A)  theft of any estate, real, personal or mixed,
	by an executor, administrator, guardian or trustee, with intent to
	defraud any creditor, heir, legatee, ward, distributee,
	beneficiary or settlor of a trust interested in such estate;
	(B)  theft by a public servant of government
	property over which he exercises control in his official capacity;
	(C)  forgery or the uttering, using or passing of
	forged instruments;
	(D)  injury to an elderly or disabled individual
	punishable as a felony of the first degree under Section 22.04,
	Penal Code;
	(E)  sexual assault, except as provided by
	Subdivision (1);
	(F)  arson;
	(G)  trafficking of persons under Section
	20A.02(a)(1), (2), (3), or (4), Penal Code; or
	(H)  compelling prostitution under Section
	43.05(a)(1), Penal Code;
	(3)  seven years from the date of the commission of the
	offense:
	(A)  misapplication of fiduciary property or
	property of a financial institution;
	(B)  securing execution of document by deception;
	(C)  a felony violation under Chapter 162, Tax
	Code;
	(D)  false statement to obtain property or credit
	under Section 32.32, Penal Code;
	(E)  money laundering;
	(F)  credit card or debit card abuse under Section
	32.31, Penal Code;
	(G)  fraudulent use or possession of identifying
	information under Section 32.51, Penal Code;
	(H)  Medicaid fraud under Section 35A.02, Penal
	Code; or
	(I)  bigamy under Section 25.01, Penal Code,
	except as provided by Subdivision (6);
	(4)  five years from the date of the commission of the
	offense:
	(A)  theft or robbery;
	(B)  except as provided by Subdivision (5),
	kidnapping or burglary;
	(C)  injury to an elderly or disabled individual
	that is not punishable as a felony of the first degree under Section
	22.04, Penal Code;
	(D)  abandoning or endangering a child; or
	(E)  insurance fraud;
	(5)  if the investigation of the offense shows that the
	victim is younger than 17 years of age at the time the offense is
	committed, 20 years from the 18th birthday of the victim of one of
	the following offenses:
	(A)  sexual performance by a child under Section
	43.25, Penal Code;
	(B)  aggravated kidnapping under Section
	20.04(a)(7) [20.04(a)(4)], Penal Code [, if the defendant committed
	the offense with the intent to violate or abuse the victim
	sexually]; or
	(C)  burglary under Section 30.02, Penal Code, if
	the offense is punishable under Subsection (d) of that section and
	the defendant committed the offense with the intent to commit an
	offense described by Subdivision (1)(B) or (D) of this article or
	Paragraph (B) of this subdivision;
	(6)  ten years from the 18th birthday of the victim of
	the offense:
	(A)  trafficking of persons under Section
	20A.02(a)(5) or (6), Penal Code;
	(B)  injury to a child under Section 22.04, Penal
	Code; or
	(C)  bigamy under Section 25.01, Penal Code, if
	the investigation of the offense shows that the person, other than
	the legal spouse of the defendant, whom the defendant marries or
	purports to marry or with whom the defendant lives under the
	appearance of being married is younger than 18 years of age at the
	time the offense is committed; or
	(7)  three years from the date of the commission of the
	offense:  all other felonies.
	SECTION 3.  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(a)(1), 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(a)(7) [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,
	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 4.  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)(7) [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 Pornography).
	SECTION 5.  Article 42A.453(b), Code of Criminal Procedure,
	is amended to read as follows:
	(b)  This article applies to a defendant placed on community
	supervision for an offense under:
	(1)  Section 20.04(a)(7) [20.04(a)(4)], Penal Code [,
	if the defendant committed the offense with the intent to violate or
	abuse the victim sexually];
	(2)  Section 20A.02, Penal Code, if the defendant:
	(A)  trafficked the victim with the intent or
	knowledge that the victim would engage in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(B)  benefited from participating in a venture
	that involved a trafficked victim engaging in sexual conduct, as
	defined by Section 43.25, Penal Code;
	(3)  Section 21.08, 21.11, 22.011, 22.021, or 25.02,
	Penal Code;
	(4)  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 listed in Subdivision (1)
	or (3); or
	(5)  Section 43.05(a)(2), 43.25, or 43.26, Penal Code.
	SECTION 6.  Article 60.051(g), Code of Criminal Procedure,
	is amended to read as follows:
	(g)  In addition to the information described by Subsections
	(a)-(f), information in the computerized criminal history system
	must include the age of the victim of the offense if the defendant
	was arrested for or charged with an offense under:
	(1)  Section 21.02 (Continuous sexual abuse of young
	child or children), Penal Code;
	(2)  Section 21.11 (Indecency with a child), Penal
	Code;
	(3)  Section 22.011 (Sexual assault) or 22.021
	(Aggravated sexual assault), Penal Code;
	(4)  Section 43.25 (Sexual performance by a child),
	Penal Code;
	(5)  Section 20.04(a)(7) [20.04(a)(4)] (Aggravated
	kidnapping), Penal Code [, if the defendant committed the offense
	with intent to violate or abuse the victim sexually];
	(6)  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 an offense
	described by Subdivision (2), (3), or (5);
	(7)  Section 20A.02 (Trafficking of persons), Penal
	Code, if the defendant:
	(A)  trafficked a person with the intent or
	knowledge that the person would engage in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(B)  benefited from participating in a venture
	that involved a trafficked person engaging in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(8)  Section 43.05(a)(2) (Compelling prostitution),
	Penal Code.
	SECTION 7.  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 children), 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 43.05 (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)(3) of that section;
	(C)  a violation of Section 20.04(a)(7)
	[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), or (K);
	(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), or (K), 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; or
	(K)  a violation of Section 20A.02(a)(3), (4),
	(7), or (8) (Trafficking of persons), Penal 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 children), 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)(7)
	[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 8.  Section 411.1471(a), Government Code, is amended
	to read as follows:
	(a)  This section applies to a defendant who is:
	(1)  indicted or waives indictment for a felony
	prohibited or punishable under any of the following Penal Code
	sections:
	(A)  Section 20.04(a)(4) or (7);
	(B)  Section 21.11;
	(C)  Section 22.011;
	(D)  Section 22.021;
	(E)  Section 25.02;
	(F)  Section 30.02(d);
	(G)  Section 43.05;
	(H)  Section 43.25;
	(I)  Section 43.26;
	(J)  Section 21.02; or
	(K)  Section 20A.03;
	(2)  arrested for a felony described by Subdivision (1)
	after having been previously convicted of or placed on deferred
	adjudication for an offense described by Subdivision (1) or an
	offense punishable under Section 30.02(c)(2), Penal Code; or
	(3)  convicted of an offense:
	(A)  under Title 5, Penal Code, other than an
	offense described by Subdivision (1), that is punishable as a Class
	A misdemeanor or any higher category of offense, except for an
	offense punishable as a Class A misdemeanor under Section 20.02,
	22.01, or 22.05, Penal Code; or
	(B)  under Section 21.08, 25.04, 43.03, or 43.24,
	Penal Code.
	SECTION 9.  Section 508.187(a), Government Code, is amended
	to read as follows:
	(a)  This section applies only to a releasee serving a
	sentence for an offense under:
	(1)  Section 43.25 or 43.26, Penal Code;
	(2)  Section 21.02, 21.11, 22.011, 22.021, or 25.02,
	Penal Code;
	(3)  Section 20.04(a)(7) [20.04(a)(4)], Penal Code [,
	if the releasee committed the offense with the intent to violate or
	abuse the victim sexually];
	(4)  Section 30.02, Penal Code, punishable under
	Subsection (d) of that section, if the releasee committed the
	offense with the intent to commit a felony listed in Subdivision (2)
	or (3);
	(5)  Section 43.05(a)(2), Penal Code; or
	(6)  Section 20A.02, Penal Code, if the defendant:
	(A)  trafficked the victim with the intent or
	knowledge that the victim would engage in sexual conduct, as
	defined by Section 43.25, Penal Code; or
	(B)  benefited from participating in a venture
	that involved a trafficked victim engaging in sexual conduct, as
	defined by Section 43.25, Penal Code.
	SECTION 10.  Section 841.002(8), Health and Safety Code, is
	amended to read as follows:
	(8)  "Sexually violent offense" means:
	(A)  an offense under Section 21.02, 21.11(a)(1),
	22.011, or 22.021, Penal Code;
	(B)  an offense under Section 20.04(a)(7)
	[20.04(a)(4)], Penal Code [, if the person committed the offense
	with the intent to violate or abuse the victim sexually];
	(C)  an offense under Section 30.02, Penal Code,
	if the offense is punishable under Subsection (d) of that section
	and the person committed the offense with the intent to commit an
	offense listed in Paragraph (A) or (B);
	(D)  an offense under Section 19.02 or 19.03,
	Penal Code, that, during the guilt or innocence phase or the
	punishment phase for the offense, during the adjudication or
	disposition of delinquent conduct constituting the offense, or
	subsequently during a civil commitment proceeding under Subchapter
	D, is determined beyond a reasonable doubt to have been based on
	sexually motivated conduct;
	(E)  an attempt, conspiracy, or solicitation, as
	defined by Chapter 15, Penal Code, to commit an offense listed in
	Paragraph (A), (B), (C), or (D);
	(F)  an offense under prior state law that
	contains elements substantially similar to the elements of an
	offense listed in Paragraph (A), (B), (C), (D), or (E); or
	(G)  an offense under the law of another state,
	federal law, or the Uniform Code of Military Justice that contains
	elements substantially similar to the elements of an offense listed
	in Paragraph (A), (B), (C), (D), or (E).
	SECTION 11.  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)(7)
	[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 if[, Penal Code,]
	punishable under Subsection (h) of that section;
	(ii)  under Section 20A.02(a)(7) or (8),
	21.02, 21.11, 22.011, 22.021, or 25.02 [, Penal Code];
	(iii)  under Section 20.04(a)(7)
	[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 12.  Section 21.02(c), Penal Code, is amended to
	read as follows:
	(c)  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)(7)
	[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)(7)
	or (8); and
	(8)  compelling prostitution under Section
	43.05(a)(2).
	SECTION 13.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 14.  This Act takes effect September 1, 2017.