88R3859 MCF-D     By: Harless H.B. No. 1975       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalties for certain repeat   sex offenders and to the admissibility of evidence of certain   extraneous offenses or acts in the prosecution of certain sexual   and assaultive offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.42(c), Penal Code, is amended by   adding Subdivision (2-a) and amending Subdivision (4) to read as   follows:                (2-a)  A defendant shall be punished by imprisonment in   the Texas Department of Criminal Justice for life if the defendant   is convicted in the same trial of more than one offense under   Section 22.011 or 22.021 or of more than one count of the same   offense under either of those sections.                (4)  Notwithstanding Subdivision (1) or (2), and except   as provided by Subdivision (3) for the trial of an offense under   Section 22.021 as described by that subdivision, a defendant shall   be punished by imprisonment in the Texas Department of Criminal   Justice for life without parole if it is shown on the trial of the   applicable offense that:                      (A)  for an offense under Section 20A.03 or [of] a   sexually violent offense[,] committed by the defendant on or after   the defendant's 18th birthday, [that] the defendant has previously   been finally convicted of:                            (i) [(A)]  an offense under Section 20A.03   or [of] a sexually violent offense; or                            (ii) [(B)]  an offense that was committed   under the laws of another state and that contains elements that are   substantially similar to the elements of an offense under Section   20A.03 or [of] a sexually violent offense; or                      (B)  for an offense under Section 22.011 or   22.021:                            (i)  the defendant has previously been   finally convicted of two offenses under Section 22.011 or 22.021;   and                            (ii)  the second previous conviction is for   an offense that occurred subsequent to the first previous   conviction having become final.          SECTION 2.  Section 1, Article 38.37, Code of Criminal   Procedure, is amended to read as follows:          Sec. 1.  (a)  Subsection (b) applies to a proceeding in the   prosecution of a defendant for an offense, or an attempt or   conspiracy to commit an offense, under the following provisions of   the Penal Code:                (1)  if committed against a person of any [child under   17 years of] age:                      (A)  Chapter 21 (Sexual Offenses);                      (B)  Chapter 22 (Assaultive Offenses); or                      (C)  Section 25.02 (Prohibited Sexual Conduct);   or                (2)  if committed against a person younger than 18   years of age:                      (A)  Section 43.25 (Sexual Performance by a   Child);                      (B)  Section 20A.02(a)(7) or (8); or                      (C)  Section 43.05(a)(2) (Compelling   Prostitution).          (b)  Notwithstanding Rules 404 and 405, Texas Rules of   Evidence, evidence of other crimes, wrongs, or acts committed by   the defendant against the [child who is the] victim of the alleged   offense shall be admitted for its bearing on relevant matters,   including:                (1)  the state of mind of the defendant and the victim   [child]; and                (2)  the previous and subsequent relationship between   the defendant and the victim [child].          SECTION 3.  (a) Section 12.42, Penal Code, as amended 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 subsection, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          (b)  Section 1, Article 38.37, Code of Criminal Procedure, as   amended by this Act, applies to the admissibility of evidence in a   criminal proceeding that commences on or after the effective date   of this Act.  The admissibility of evidence in a criminal proceeding   that commences before the effective date of this Act is governed by   the law in effect on the date the proceeding commenced, and the   former law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2023.