85R11511 MAW-D     By: Kolkhorst S.B. No. 1322       A BILL TO BE ENTITLED   AN ACT   relating to increasing the punishment for the offense of possession   or promotion of child pornography; changing parole eligibility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42.01, Code of Criminal Procedure, is   amended by adding Section 12 to read as follows:          Sec. 12.  In addition to the information described by   Section 1, the judgment should reflect affirmative findings entered   pursuant to Article 42.0151.          SECTION 2.  Chapter 42, Code of Criminal Procedure, is   amended by adding Article 42.0151 to read as follows:          Art. 42.0151.  FINDING REGARDING CHILD PORNOGRAPHY. In the   trial of an offense under Section 43.26, Penal Code, the judge shall   make an affirmative finding of fact and enter the affirmative   finding in the judgment in the case if the judge determines the   child depicted in the visual material was younger than six years of   age at the time the image was made.          SECTION 3.  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:                (1)  under sentence of death;                (2)  [,] serving a sentence of life imprisonment   without parole;                (3)  serving a sentence for an offense for which the   judgment contains an affirmative finding under Article 42.0151,   Code of Criminal Procedure;                (4)  [,] serving a sentence for an offense under   Section 21.02, Penal Code; or                (5)  [, or] serving a sentence for an offense under   Section 22.021, Penal Code, that is punishable under Subsection (f)   of that section [is not eligible for release on parole].          SECTION 4.  Section 43.25(g), Penal Code, is amended to read   as follows:          (g)  When it becomes necessary for the purposes of this   section or Section 43.26 to make a determination regarding the age   of [determine whether] a child who participated in sexual conduct   [was younger than 18 years of age], the court or jury may make that    [this] determination by any of the following methods:                (1)  personal inspection of the child;                (2)  inspection of the photograph or motion picture   that shows the child engaging in the sexual performance;                (3)  oral testimony by a witness to the sexual   performance as to the age of the child based on the child's   appearance at the time;                (4)  expert medical testimony based on the appearance   of the child engaging in the sexual performance; or                (5)  any other method authorized by law or by the rules   of evidence at common law.          SECTION 5.  Sections 43.26(d) and (g), Penal Code, are   amended to read as follows:          (d)  An offense under Subsection (a) is a felony of the third   degree, except that the offense is:                (1)  a felony of the second degree if:                      (A)  it is shown on the trial of the offense that   the person has been previously convicted one time of an offense   under Subsection (a); or                      (B)  the child depicted in the visual material was   younger than 14 years of age at the time the image was made [that   subsection]; and                (2)  a felony of the first degree if it is shown on the   trial of the offense that the person has been previously convicted   two or more times of an offense under Subsection (a) [that   subsection].          (g)  An offense under Subsection (e) is a felony of the   second degree, except that the offense is a felony of the first   degree if:                (1)  it is shown on the trial of the offense that the   person has been previously convicted of an offense under Subsection   (e); or                (2)  the child depicted in the visual material was   younger than 14 years of age at the time the image was made [that   subsection].          SECTION 6.  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 7.  This Act takes effect September 1, 2017.