85R12395 ADM-D     By: Dukes H.B. No. 2190       A BILL TO BE ENTITLED   AN ACT   relating to increasing the penalty for causing injury to a child;   changing the eligibility for community supervision.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 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 21.11(a)(1), Penal Code (Indecency with a   Child);                (7)  Section 22.011, Penal Code (Sexual Assault);                (8)  Section 22.021, Penal Code (Aggravated Sexual   Assault);                (9)  Section 22.04(a)(1) or (2) or (a-1)(1) or (2),   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;                (10)  Section 29.03, Penal Code (Aggravated Robbery);                (11)  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, 21.11, 22.011,   22.021, or 25.02, Penal Code;                (12)  Section 43.05, Penal Code (Compelling   Prostitution);                (13)  Section 43.25, Penal Code (Sexual Performance by   a Child); or                (14)  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.          SECTION 2.  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,   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; or                (8)  is convicted of an offense under Section   22.04(a)(1) or (2) or (a-1)(1) or (2), Penal Code, if:                      (A)  the offense is punishable as a felony of the   first degree; and                      (B)  the victim of the offense is a child.          SECTION 3.  Section 22.04, Penal Code, is amended by   amending Subsection (e) and adding Subsection (e-1) to read as   follows:          (e)  Except as provided by Subsection (e-1), an [An] offense   under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the   first degree if [when] the conduct was [is] committed intentionally   or knowingly.  If [When] the conduct was [is] engaged in   recklessly, the offense is a felony of the second degree.          (e-1)  An offense under Subsection (a)(1) or (2) or (a-1)(1)   or (2) is a felony of the first degree, punishable by imprisonment   in the Texas Department of Criminal Justice for any term of not more   than 99 years or less than 10 years, if:                (1)  the conduct was committed intentionally or   knowingly; and                (2)  the victim of the offense was a child at the time   of the offense.          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, 2017.