89R5321 JCG-F     By: Gerdes H.B. No. 1668       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for the offense of   enticing a child and to the applicability of sex offender   registration requirements to that offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.04, Penal Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  Except as provided by Subsection (c), an [An] offense   under this section is a [Class B misdemeanor, unless it is shown on   the trial of the offense that the actor intended to commit a felony   against the child, in which event an offense under this section is   a] felony of the third degree.          (c)  An offense under this section is a felony of the second   degree if it is shown on the trial of the offense that the actor   intended to violate or abuse the child sexually.          SECTION 2.  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), 21.09   (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),   or (M);                      (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), or (M), 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; or                      (M)  a violation of Section 25.04 (Enticing a   child), Penal Code, if the offense or conduct is punishable under   Subsection (c) of that section.                (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), 21.11(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 Section 25.04 (Enticing a   child), Penal Code, if the offense is punishable under Subsection   (c) of that section; or                      (F)  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), or (E).          SECTION 3.  Section 411.1471(a), Government Code, is amended   to read as follows:          (a)  This section applies to a defendant who is:                (1)  arrested for any offense punishable as a felony;   or                (2)  convicted of an offense:                      (A)  under Title 5, Penal Code, that is punishable   as a Class A misdemeanor, except for an offense punishable as a   Class A misdemeanor under Section 22.05, Penal Code; or                      (B)  punishable as a Class A or B misdemeanor, as   applicable, under Section 21.08[, 25.04,] or 43.24, Penal Code.          SECTION 4.  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 5.  This Act takes effect September 1, 2025.