89R24074 MZM-D     By: Hull, et al. H.B. No. 1422     Substitute the following for H.B. No. 1422:     By:  Louderback C.S.H.B. No. 1422       A BILL TO BE ENTITLED   AN ACT   relating to the rights of victims of sexual assault and other sex   offenses, the offense of continuous sexual abuse, and the   prosecution, punishment, and collateral consequences of certain   sex offenses; creating a criminal offense; increasing criminal   penalties; changing the eligibility for community supervision,   mandatory supervision, and parole for persons convicted of certain   sex offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 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, 21.03, 21.11,   22.011, 22.021, or 25.02, Penal Code;                (13)  Section 43.04, Penal Code (Aggravated Promotion   of Prostitution);                (14)  Section 43.05, Penal Code (Compelling   Prostitution);                (15)  Section 43.25, Penal Code (Sexual Performance by   a Child);                (16)  Section 43.26, Penal Code (Possession or   Promotion of Child Pornography);                (17)  Chapter 481, Health and Safety Code, for 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; or                (18)  Section 481.1123, Health and Safety Code   (Manufacture or Delivery of Substance in Penalty Group 1-B), if the   offense is punishable under Subsection (d), (e), or (f) of that   section.          SECTION 2.  Article 42A.102(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  In all other cases, the judge may grant deferred   adjudication community supervision unless:                (1)  the defendant is charged with an offense:                      (A)  under Section 20A.02, 20A.03, 49.045, 49.05,   49.061, 49.065, 49.07, or 49.08, Penal Code;                      (B)  under Section 49.04 or 49.06, Penal Code,   and, at the time of the offense:                            (i)  the defendant held a commercial   driver's license or a commercial learner's permit; or                            (ii)  the defendant's alcohol concentration,   as defined by Section 49.01, Penal Code, was 0.15 or more;                      (C)  for which punishment may be increased under   Section 49.09, Penal Code;                      (D)  for which punishment may be 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 one of those   subsections; or                      (E)  under Section 481.1123, Health and Safety   Code, that is punishable under Subsection (d), (e), or (f) of that   section;                (2)  the defendant:                      (A)  is charged with an offense under Section   21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of   the age of the victim, or a felony described by Article 42A.453(b),   other than a felony described by Subdivision (1)(A) or (3)(B) of   this subsection; and                      (B)  has previously been placed on community   supervision for an offense under Paragraph (A);                (3)  the defendant is charged with an offense under:                      (A)  Section 21.02, Penal Code; [or]                      (B)  Section 21.03, Penal Code; or                      (C)  Section 22.021, Penal Code, that is   punishable under Subsection (f) of that section or under Section   12.42(c)(3) or (4), Penal Code; or                (4)  the defendant is charged with an offense under   Section 19.02, Penal Code, except that the judge may grant deferred   adjudication community supervision on determining that the   defendant did not cause the death of the deceased, did not intend to   kill the deceased or another, and did not anticipate that a human   life would be taken.          SECTION 3.  Article 56A.306(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  The department, consistent with Chapter 420, Government   Code, shall develop procedures for the transfer, [and]   preservation, and testing of evidence collected during a forensic   medical examination for a sexual assault that was not reported to a   law enforcement agency, including procedures for:                (1)  the transfer of the evidence to a crime laboratory   or other suitable location designated by the public safety director   of the department;                (2)  the preservation of the evidence by the entity   receiving the evidence; [and]                (3)  the notification of the survivor [victim] of the   offense through the statewide electronic tracking system before a   planned destruction of evidence under this article; and                (4)  forensic DNA testing performed in accordance with   the limited consent of a survivor or other authorized person, as   described by Section 420.0736, Government Code.          SECTION 4.  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), 21.03   (Continuous sexual abuse), 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);                      (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.                (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), 21.03   (Continuous sexual abuse), 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 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 5.  Section 420.0735, Government Code, is amended by   adding Subsection (g) to read as follows:          (g)  The reason or purpose for the release of evidence   described by Subsection (d)(2) may be limited to permit only the   acts of forensic DNA testing by the department in the manner   provided by Section 420.0736, regardless of whether a report of the   applicable offense is made to a law enforcement agency.          SECTION 6.  Subchapter D, Chapter 420, Government Code, is   amended by adding Section 420.0736 to read as follows:          Sec. 420.0736.  LIMITED CONSENT FOR DNA TESTING OF CERTAIN   EVIDENCE. (a)  To encourage the reporting of sexual assaults or   other sex offenses that would otherwise remain unreported and   notwithstanding Sections 420.0431 and 420.0432, a survivor or other   person authorized to consent to the release of evidence contained   in an evidence collection kit under Section 420.0735 may choose to   limit the scope of the consent under that section to only permit,   without regard to whether a report of the offense is made to a law   enforcement agency, the performance of forensic DNA testing by the   department on biological evidence contained in the evidence   collection kit.          (b)  The department by rule shall adopt a form to enable a   survivor or other authorized person to provide the limited consent   described by this section. The form must include the following   statement: "IT IS NOT NECESSARY TO REPORT AN OFFENSE TO A LAW   ENFORCEMENT AGENCY IN ORDER TO OBTAIN FORENSIC DNA TESTING OF   BIOLOGICAL EVIDENCE COLLECTED DURING YOUR FORENSIC MEDICAL   EXAMINATION.  HOWEVER, IF YOU AUTHORIZE FORENSIC DNA TESTING OF THE   BIOLOGICAL EVIDENCE COLLECTED DURING YOUR EXAMINATION WITHOUT   REPORTING THE OFFENSE TO LAW ENFORCEMENT, ANY RESULTS OF THE   FORENSIC DNA TESTING WILL NOT BE COMPARED TO DNA PROFILES   MAINTAINED IN DNA DATABASES AND WILL NOT BE SUBJECT TO USE IN A   CRIMINAL INVESTIGATION OR TRIAL."          (c)  The department shall provide to the survivor or other   authorized person who provides limited consent to forensic DNA   testing, as described by Subsection (a), the results of the   forensic DNA testing through the statewide electronic tracking   system established under Section 420.034. The department may not   notify any other entity of the results of the forensic DNA testing   and may not use those results for any other reason or purpose,   unless the department first obtains additional written consent from   the person for that reason or purpose under Section 420.0735.          (d)  The department shall provide to the survivor or other   authorized person who provides limited consent to forensic DNA   testing, as described by Subsection (a), information regarding how   to report an offense to a law enforcement agency in order to have   the results of the forensic DNA testing compared to DNA profiles   maintained in DNA databases and used in a criminal investigation or   trial.          SECTION 7.  Section 499.027(b), Government Code, is amended   to read as follows:          (b)  An inmate is not eligible under this subchapter to be   considered for release to intensive supervision parole if:                (1)  the inmate is awaiting transfer to the   institutional division, or serving a sentence, for an offense for   which the judgment contains an affirmative finding under Article   42A.054(c) or (d), Code of Criminal Procedure;                (2)  the inmate is awaiting transfer to the   institutional division, or serving a sentence, for an offense   listed in 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 20.03 (kidnapping);                      (E)  Section 20.04 (aggravated kidnapping);                      (F)  Section 21.11 (indecency with a child);                      (G)  Section 22.011 (sexual assault);                      (H)  Section 22.02 (aggravated assault);                      (I)  Section 22.021 (aggravated sexual assault);                      (J)  Section 22.04 (injury to a child, elderly   individual, or disabled individual);                      (K)  Section 25.02 (prohibited sexual conduct);                      (L)  Section 25.08 (sale or purchase of a child);                      (M)  Section 28.02 (arson);                      (N)  Section 29.02 (robbery);                      (O)  Section 29.03 (aggravated robbery);                      (P)  Section 30.02 (burglary), if the offense is   punished as a first-degree felony under that section;                      (Q)  Section 43.04 (aggravated promotion of   prostitution);                      (R)  Section 43.05 (compelling prostitution);                      (S)  Section 43.24 (sale, distribution, or   display of harmful material to minor);                      (T)  Section 43.25 (sexual performance by a   child);                      (U)  Section 46.10 (deadly weapon in penal   institution);                      (V)  Section 15.01 (criminal attempt), if the   offense attempted is listed in this subsection;                      (W)  Section 15.02 (criminal conspiracy), if the   offense that is the subject of the conspiracy is listed in this   subsection;                      (X)  Section 15.03 (criminal solicitation), if   the offense solicited is listed in this subsection;                      (Y)  Section 21.02 (continuous sexual abuse of   young child or disabled individual);                      (Z)  Section 20A.02 (trafficking of persons);                      (AA)  Section 20A.03 (continuous trafficking of   persons); [or]                      (BB)  Section 43.041 (aggravated online promotion   of prostitution); or                      (CC)  Section 21.03 (continuous sexual abuse); or                (3)  the inmate is awaiting transfer to the   institutional division, or serving a sentence, for an offense under   Chapter 481, Health and Safety Code, punishable by a minimum term of   imprisonment or a maximum fine that is greater than the minimum term   of imprisonment or the maximum fine for a first degree felony.          SECTION 8.  Section 508.145(a), Government Code, is amended   to read as follows:          (a)  An inmate is not eligible for release on parole if the   inmate is under sentence of death, serving a sentence of life   imprisonment without parole, or serving a sentence for any of the   following offenses under the Penal Code:                (1)  Section 20A.03, if the offense is based partly or   wholly on conduct constituting an offense under Section   20A.02(a)(5), (6), (7), or (8);                (2)  Section 21.02;                (3)  Section 21.03;                (4)  Section 22.021, if the offense is punishable under   Subsection (f) of that section; or                (5) [(4)]  Section 51.03 or 51.04.          SECTION 9.  Section 508.149(a), Government Code, is amended   to read as follows:          (a)  An inmate may not be released to mandatory supervision   if the inmate is serving a sentence for or has been previously   convicted of:                (1)  an offense for which the judgment contains an   affirmative finding under Article 42A.054(c) or (d), Code of   Criminal Procedure;                (2)  a first degree felony or a second degree felony   under Section 19.02, Penal Code;                (3)  a capital felony under Section 19.03, Penal Code;                (4)  a first degree felony or a second degree felony   under Section 20.04, Penal Code;                (5)  an offense under Section 21.11, Penal Code;                (6)  a felony under Section 22.011, Penal Code;                (7)  a first degree felony or a second degree felony   under Section 22.02, Penal Code;                (8)  a first degree felony under Section 22.021, Penal   Code;                (9)  a first degree felony under Section 22.04, Penal   Code;                (10)  a first degree felony under Section 28.02, Penal   Code;                (11)  a second degree felony under Section 29.02, Penal   Code;                (12)  a first degree felony under Section 29.03, Penal   Code;                (13)  a first degree felony under Section 30.02, Penal   Code;                (14)  a felony for which the punishment is increased   under Section 481.134 or 481.140, Health and Safety Code;                (15)  an offense under Section 43.25, Penal Code;                (16)  an offense under Section 21.02, Penal Code;                (17)  a first degree felony under Section 15.03, Penal   Code;                (18)  an offense under Section 43.05, Penal Code;                (19)  an offense under Section 20A.02, Penal Code;                (20)  an offense under Section 20A.03, Penal Code;                (21)  a first degree felony under Section 71.02 or   71.023, Penal Code;                (22)  an offense under Section 481.1123, Health and   Safety Code, punished under Subsection (d), (e), or (f) of that   section;                (23)  a second degree felony under Section 22.01, Penal   Code; [or]                (24)  an offense under Section 22.01, Penal Code,   punished under Subsection (b)(2), (7), or (8) of that section; or                (25)  an offense under Section 21.03, Penal Code.          SECTION 10.  Section 508.151(a), Government Code, is amended   to read as follows:          (a)  For the purpose of diverting inmates to halfway houses   under Section 508.118, a parole panel, after reviewing all   available pertinent information, may designate a presumptive   parole date for an inmate who:                (1)  has never been convicted of an offense listed   under Article 42A.054(a), Code of Criminal Procedure, or an offense   under Section 21.02 or 21.03, Penal Code; and                (2)  has never had a conviction with a judgment that   contains an affirmative finding under Article 42A.054(c) or (d),   Code of Criminal Procedure.          SECTION 11.  Section 508.189(a), Government Code, is amended   to read as follows:          (a)  A parole panel shall require as a condition of parole or   mandatory supervision that a releasee convicted of an offense under   Section 21.02, 21.03, 21.08, 21.11, 22.011, 22.021, 25.02, 43.25,   or 43.26, Penal Code, pay to the division a parole supervision fee   of $5 each month during the period of parole supervision.          SECTION 12.  Section 3.03(b), Penal Code, is amended to read   as follows:          (b)  If the accused is found guilty of more than one offense   arising out of the same criminal episode, the sentences may run   concurrently or consecutively if each sentence is for a conviction   of:                (1)  an offense:                      (A)  under Section 49.07 or 49.08, regardless of   whether the accused is convicted of violations of the same section   more than once or is convicted of violations of both sections; or                      (B)  for which a plea agreement was reached in a   case in which the accused was charged with more than one offense   listed in Paragraph (A), regardless of whether the accused is   charged with violations of the same section more than once or is   charged with violations of both sections;                (2)  an offense:                      (A)  under Section 33.021 or an offense under   Section 21.02, 21.11, [22.011, 22.021,] 25.02, or 43.25 committed   against a victim younger than 17 years of age at the time of the   commission of the offense regardless of whether the accused is   convicted of violations of the same section more than once or is   convicted of violations of more than one section; or                      (B)  for which a plea agreement was reached in a   case in which the accused was charged with more than one offense   listed in Paragraph (A) committed against a victim younger than 17   years of age at the time of the commission of the offense regardless   of whether the accused is charged with violations of the same   section more than once or is charged with violations of more than   one section;                (2-a) an offense:                      (A)  under Section 22.011 or 22.021, regardless of   whether the accused is convicted of violations of the same section   more than once or is convicted of violations of more than one   section; or                      (B)  for which a plea agreement was reached in a   case in which the accused was charged with more than one offense   listed in Paragraph (A), regardless of whether the accused is   charged with violations of the same section more than once or is   charged with violations of more than one section;                (3)  an offense:                      (A)  under Section 21.15 or 43.26, regardless of   whether the accused is convicted of violations of the same section   more than once or is convicted of violations of both sections; or                      (B)  for which a plea agreement was reached in a   case in which the accused was charged with more than one offense   listed in Paragraph (A), regardless of whether the accused is   charged with violations of the same section more than once or is   charged with violations of both sections;                (4)  an offense for which the judgment in the case   contains an affirmative finding under Article 42.0197, Code of   Criminal Procedure;                (5)  an offense:                      (A)  under Section 20A.02, 20A.03, or 43.05,   regardless of whether the accused is convicted of violations of the   same section more than once or is convicted of violations of more   than one section; or                      (B)  for which a plea agreement was reached in a   case in which the accused was charged with more than one offense   listed in Paragraph (A), regardless of whether the accused is   charged with violations of the same section more than once or is   charged with violations of more than one section;                (6)  an offense:                      (A)  under Section 22.04(a)(1) or (2) or Section   22.04(a-1)(1) or (2) that is punishable as a felony of the first   degree, regardless of whether the accused is convicted of   violations of the same section more than once or is convicted of   violations of more than one section; or                      (B)  for which a plea agreement was reached in a   case in which the accused was charged with more than one offense   listed in Paragraph (A) and punishable as described by that   paragraph, regardless of whether the accused is charged with   violations of the same section more than once or is charged with   violations of more than one section; or                (7)  any combination of offenses listed in Subdivisions   (1)-(6).          SECTION 13.  Section 12.35(c), Penal Code, is amended to   read as follows:          (c)  An individual adjudged guilty of a state jail felony   shall be punished for a third degree felony if it is shown on the   trial of the offense that:                (1)  a deadly weapon as defined by Section 1.07 was used   or exhibited during the commission of the offense or during   immediate flight following the commission of the offense, and that   the individual used or exhibited the deadly weapon or was a party to   the offense and knew that a deadly weapon would be used or   exhibited; or                (2)  the individual has previously been finally   convicted of any felony:                      (A)  under Section 21.02 or 21.03 or listed in   Article 42A.054(a), Code of Criminal Procedure; or                      (B)  for which the judgment contains an   affirmative finding under Article 42A.054(c) or (d), Code of   Criminal Procedure.          SECTION 14.  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)(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, Penal Code, punishable   under Subsection (h) of that section;                            (ii)  under Section 20A.02(a)(7) or (8),   21.02, 21.03, 21.11, 22.011, 22.021, or 25.02, Penal Code;                            (iii)  under Section 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 15.  Sections 12.502(b), (c), and (d), Penal Code,   are amended to read as follows:          (b)  Except as provided by Subsection (c), if it is shown on   the trial of an offense under Section 21.07, 21.08, or 21.15[, or   21.17] that the offense was committed in a location that was on the   premises of a postsecondary educational institution, the category   of punishment for the offense is increased to a higher category of   offense as follows:                (1)  a Class C misdemeanor is increased to a Class B   misdemeanor;                (2)  a Class B misdemeanor is increased to a Class A   misdemeanor;                (3)  a Class A misdemeanor is increased to a state jail   felony; and                (4)  a state jail felony is increased to a felony of the   third degree.          (c)  For an offense otherwise punishable under Subsection   (b), if it is shown on the trial of the offense that the person has   been previously convicted twice of an offense under Section 21.07,   21.08, or 21.15 [, or 21.17] for which the punishment was increased   under Subsection (b), the category of punishment for the offense is   increased to a higher category of offense as follows:                (1)  a Class C misdemeanor is increased to a Class A   misdemeanor;                (2)  a Class B misdemeanor is increased to a state jail   felony;                (3)  a Class A misdemeanor is increased to a felony of   the third degree; and                (4)  a state jail felony is increased to a felony of the   second degree.          (d)  If the punishment scheme for an offense under Section   21.07, 21.08, or 21.15 [, or 21.17] contains a specific enhancement   provision increasing punishment to a higher minimum term of   punishment than the minimum term required by the applicable higher   category of offense prescribed by Subsection (b) or (c), the   specific enhancement provision controls over this section.          SECTION 16.  Section 15.031(b), Penal Code, is amended to   read as follows:          (b)  A person commits an offense if, with intent that an   offense under Section 20A.02(a)(7) or (8), 21.02, 21.03, 21.11,   22.011, 22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed,   the person by any means requests, commands, or attempts to induce a   minor or another whom the person believes to be a minor to engage in   specific conduct that, under the circumstances surrounding the   actor's conduct as the actor believes them to be, would constitute   an offense under one of those sections or would make the minor or   other believed by the person to be a minor a party to the commission   of an offense under one of those sections.          SECTION 17.  Section 15.032(b), Penal Code, is amended to   read as follows:          (b)  An offense under this section is a felony of the third   degree, except that the offense is a felony of the second degree if   the actor has previously been convicted of an offense under:                (1)  Chapter 20A, if the offense involved conduct   described by Section 20A.02(a)(7) or (8);                (2)  Section 21.02;                (3)  Section 21.03;                (4)  Section 21.11;                (5) [(4)]  Section 22.011, if the victim of the offense   was a child under 18 years of age; or                (6) [(5)]  Section 22.021, if the victim of the offense   was a child under 18 years of age.          SECTION 18.  Chapter 21, Penal Code, is amended by adding   Section 21.03 to read as follows:          Sec. 21.03.  CONTINUOUS SEXUAL ABUSE. (a)  A person commits   an offense if:                (1)  during a period that is 30 or more days in   duration, the person commits two or more acts of sexual abuse   against two or more victims; and                (2)  at the time of the commission of each of the acts   of sexual abuse, the actor is 17 years of age or older.          (b)  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)(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)(3), (4), (7), or (8); and                (8)  compelling prostitution under Section 43.05.          (c)  If a jury is the trier of fact, members of the jury are   not required to agree unanimously on which specific acts of sexual   abuse were committed by the defendant or the exact date when those   acts were committed. The jury must agree unanimously that the   defendant, during a period that is 30 or more days in duration,   committed two or more acts of sexual abuse against two or more   victims.          (d)  A defendant may not be convicted in the same criminal   action of an offense listed under Subsection (b) the victim of which   is the same victim as a victim of the offense under Subsection (a)   unless the offense listed in Subsection (b):                (1)  is charged in the alternative;                (2)  occurred outside the period in which the offense   alleged under Subsection (a) was committed; or                (3)  is considered by the trier of fact to be a lesser   included offense of the offense alleged under Subsection (a).          (e)  A defendant may not be charged with more than one count   under Subsection (a) if all of the specific acts of sexual abuse   that are alleged to have been committed are alleged to have been   committed against only two victims.          (f)  With respect to a prosecution under this section   involving only two or more victims younger than 17 years of age, it   is an affirmative defense to prosecution under this section that   the actor:                (1)  was not more than five years older than the   youngest victim of the offense;                (2)  did not use duress, force, or a threat against a   victim at the time of the commission of any of the acts of sexual   abuse alleged as an element of the offense; and                (3)  at the time of the commission of any of the acts of   sexual abuse alleged as an element of the offense:                      (A)  was not required under Chapter 62, Code of   Criminal Procedure, to register for life as a sex offender; or                      (B)  was not a person who under Chapter 62 had a   reportable conviction or adjudication for an offense under this   section or an act of sexual abuse as described by Subsection (b).          (g)  An offense under this section is a felony of the first   degree.          SECTION 19.  Section 21.17, Penal Code, is amended by   amending Subsections (b), (c), and (d) and adding Subsection (f) to   read as follows:          (b)  Except as provided by Subsection (c) or (d), an offense   under this section is a Class A [C] misdemeanor.          (c)  An offense under this section is a state jail felony   [Class B misdemeanor] if it is shown on the trial of the offense   that:                (1)  the actor has previously been convicted [two or   more times] of an offense under this section;                (2)  the victim was a child younger than 18 years of age   at the time of the offense; or                (3)  the offense was committed in a location that was on   the premises of a postsecondary educational institution.          (d)  An offense under this section is a [state jail] felony   of the third degree if it is shown on the trial of the offense that:                (1)  the victim was a child younger than 18 [14] years   of age at the time of the offense; and                (2)  the actor has previously been convicted of an   offense punishable under Subsection (c)(2).          (f)  In this section, "postsecondary educational   institution" and "premises" have the meanings assigned by Section   12.502.          SECTION 20.  Section 21.18(b), Penal Code, is amended to   read as follows:          (b)  A person commits an offense if the person intentionally   threatens, including by coercion or extortion, to commit an offense   under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02,   21.03, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021   to obtain, in return for not committing the threatened offense or in   connection with the threatened offense, any of the following   benefits:                (1)  intimate visual material;                (2)  an act involving sexual conduct causing arousal or   gratification; or                (3)  a monetary benefit or other benefit of value.          SECTION 21.  Section 22.021(f), Penal Code, is amended to   read as follows:          (f)  The minimum term of imprisonment for an offense under   this section is increased to 25 years if:                (1)  the victim of the offense is younger than 11 [six]   years of age at the time the offense is committed; or                (2)  the victim of the offense is younger than 14 years   of age at the time the offense is committed and the actor commits   the offense in a manner described by Subsection (a)(2)(A).          SECTION 22.  Not later than December 1, 2025, the Department   of Public Safety of the State of Texas shall adopt the form required   by Section 420.0736, Government Code, as added by this Act.          SECTION 23.  (a)  Except as provided by Subsection (b) of   this section, 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 subsection, an offense was committed before the effective date   of this Act if any element of the offense occurred before that date.          (b)  Article 56A.306, Code of Criminal Procedure, and   Section 420.0735, Government Code, as amended by this Act, and   Section 420.0736, Government Code, as added by this Act, apply only   to biological evidence collected on or after December 1, 2025.   Biological evidence collected before December 1, 2025, is governed   by the law in effect on the date the evidence was collected, and the   former law is continued in effect for that purpose.          SECTION 24.  This Act takes effect September 1, 2025.