89R4193 MZM-D     By: Hull 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 and punishment of certain sex offenses; creating a   criminal offense; increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 and DNA profile comparison 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 2.  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 AND   COMPARISON 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 permit only the following acts undertaken in relation to   the collected evidence, without regard to whether a report of the   offense is made to a law enforcement agency:                (1)  the performance of forensic DNA testing on   biological evidence contained in the evidence collection kit; and                (2)  the comparison of a DNA profile obtained from the   biological evidence with DNA profiles maintained in:                      (A)  state databases, including the DNA database   system maintained under Subchapter G, Chapter 411, if the amount   and quality of the analyzed sample meet the requirements of the   state database system comparison policies; and                      (B)  the CODIS DNA database established by the   Federal Bureau of Investigation, if the amount and quality of the   analyzed sample meet the requirements of the bureau's CODIS   comparison policies.          (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 AND DNA   PROFILE COMPARISON OF BIOLOGICAL EVIDENCE COLLECTED DURING YOUR   FORENSIC MEDICAL EXAMINATION.  HOWEVER, IF YOU AUTHORIZE DNA   TESTING AND COMPARISON OF THE BIOLOGICAL EVIDENCE COLLECTED DURING   YOUR EXAMINATION, ANY RESULTS OF THE DNA TESTING AND COMPARISON MAY   BE SUBJECT TO USE IN A CRIMINAL INVESTIGATION OR TRIAL REGARDLESS OF   WHETHER YOU CHOOSE TO FILE A REPORT IN YOUR CASE."          (c)  The department shall provide to the survivor or other   authorized person giving limited consent under Subsection (a)   notice regarding whether any matches are identified between the DNA   profile submitted to the department and DNA profiles contained in   the databases described by Subsection (a). The department may not   notify any other entity of the results of the DNA testing or   comparison and may not use those results for any reason or purpose   other than as permitted by this section, unless the department   first obtains additional written consent from the person for that   reason or purpose under Section 420.0735.          SECTION 3.  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 4.  Section 12.42(c)(3), Penal Code, is amended to   read as follows:                (3)  Notwithstanding Subdivision (1) or (2), a   defendant shall be punished for a capital felony if it is shown on   the trial of an offense under Section 22.021 otherwise punishable   under Subsection (f) of that section that the defendant has   previously been finally convicted of:                      (A)  an offense under Section 22.021 that was   committed against a victim described by Section 22.021(f) [Section   22.021(f)(1) or was committed against a victim described by Section   22.021(f)(2) and in a manner described by Section 22.021(a)(2)(A)];   or                      (B)  an offense that was committed under the laws   of another state that:                            (i)  contains elements that are   substantially similar to the elements of an offense under Section   22.021; and                            (ii)  was committed against a victim   described by Section 22.021(f) [Section 22.021(f)(1) or was   committed against a victim described by Section 22.021(f)(2) and in   a manner substantially similar to a manner described by Section   22.021(a)(2)(A)].          SECTION 5.  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 6.  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 three or more acts of sexual abuse,   regardless of whether the acts of sexual abuse are committed   against one 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 and the victim   is:                      (A)  described by Section 21.02(b)(2); or                      (B)  any other person regardless of age or   disability, other than a victim who is:                            (i)  14 years of age or older;                            (ii)  younger than 17 years of age; and                            (iii)  not more than three years younger   than the actor.          (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 three or more acts of sexual abuse.          (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 a single victim.          (f)  With respect to a prosecution under this section   involving only one 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:                      (A)  the victim of the offense, if the offense is   alleged to have been committed against only one victim; or                      (B)  the youngest victim of the offense, if the   offense is alleged to have been committed against more than one   victim;                (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 (c).          (g)  An offense under this section is a felony of the first   degree, punishable by imprisonment in the Texas Department of   Criminal Justice for life, or for any term of not more than 99 years   or less than 25 years.          (h)  If conduct constituting an offense under this section   also constitutes an offense under Section 21.02, the actor may be   prosecuted under either section, but not both.          SECTION 7.  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 8.  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 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 9.  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 10.  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 11.  This Act takes effect September 1, 2025.