88R7849 EAS-F     By: Paxton S.B. No. 2019       A BILL TO BE ENTITLED   AN ACT   relating to increasing the minimum term of imprisonment and   changing the eligibility for community supervision and parole of   certain persons convicted of sexual assault and aggravated sexual   assault.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 22.011(f), Penal Code, is amended to   read as follows:          (f)  An offense under this section is a felony of the second   degree with a minimum term of imprisonment of 10 years, except that   an offense under this section is:                (1)  a felony of the first degree with a minimum term of   imprisonment of 10 years if the victim was:                      (A)  a person whom the actor was prohibited from   marrying or purporting to marry or with whom the actor was   prohibited from living under the appearance of being married under   Section 25.01; or                      (B)  a person with whom the actor was prohibited   from engaging in sexual intercourse or deviate sexual intercourse   under Section 25.02; or                (2)  a state jail felony if the offense is committed   under Subsection (a)(1) and the actor has not received express   consent as described by Subsection (b)(12).          SECTION 2.  Sections 22.021(e) and (f), Penal Code, are   amended to read as follows:          (e)  Except as provided by Subsection (f), an [An] offense   under this section is a felony of the first degree with a minimum   term of imprisonment of 25 years.          (f)  The minimum term of imprisonment for an offense under   this section is increased to 50 [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 3.  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:                      (A)  Section 21.11, [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;                      (B)  Section 22.011, Penal Code, that is   punishable as a first or second degree felony; or                      (C)  Section 22.021, Penal Code;                (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,   20A.03, 43.04, 43.05, or 43.25, Penal Code;                (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 481.1123,   Health and Safety Code, if the offense is punishable under   Subsection (d), (e), or (f) of that section.          SECTION 4.  Article 42A.102, Code of Criminal Procedure, is   amended to read as follows:          Art. 42A.102.  ELIGIBILITY FOR DEFERRED ADJUDICATION   COMMUNITY SUPERVISION.  (a)  Subject to Subsection (b), a judge may   place on deferred adjudication community supervision a defendant   charged with an offense under Section 21.11 or [,] 22.011, [or   22.021,] Penal Code, regardless of the age of the victim, or a   defendant charged with a felony described by Article 42A.453(b)   only if the judge makes a finding in open court that placing the   defendant on deferred adjudication community supervision is in the   best interest of the victim.  The failure of the judge to make a   finding under this subsection is not grounds for the defendant to   set aside the plea, deferred adjudication, or any subsequent   conviction or sentence.          (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,   49.065, 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)(C)   [(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 22.011, Penal Code, that is   punishable as a first or second degree felony; 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 5.  Article 42A.103(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  In a felony case, the period of deferred adjudication   community supervision may not exceed 10 years.  For a defendant   charged with a felony under Section 21.11 or [,] 22.011, [or   22.021,] Penal Code, regardless of the age of the victim, and for a   defendant charged with a felony described by Article 42A.453(b),   the period of deferred adjudication community supervision may not   be less than five years.          SECTION 6.  Article 42A.105(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  If a judge places on deferred adjudication community   supervision a defendant charged with an offense under Section 21.11   [or 22.011], Penal Code, the judge shall make an affirmative   finding of fact and file a statement of that affirmative finding   with the papers in the case if the judge determines that:                (1)  at the time of the offense, the defendant was not   more than four years older than the victim or intended victim and   the victim or intended victim was at least 15 years of age; and                (2)  the charge to which the plea is entered under this   subchapter is based solely on the ages of the defendant and the   victim or intended victim at the time of the offense.          SECTION 7.  Article 42A.258(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  If the defendant is a sex offender, other than a   defendant who has been convicted of, or has entered a plea of guilty   or nolo contendere for, a first or second degree felony under   Section 22.011, Penal Code, or an offense under Section 22.021,   Penal Code, the judge shall direct a supervision officer approved   by the community supervision and corrections department or the   judge, or a person, program, or other agency approved by the   council, to:                (1)  evaluate the appropriateness of, and a course of   conduct necessary for, treatment, specialized supervision, or   rehabilitation of the defendant; and                (2)  report the results of the evaluation to the judge.          SECTION 8.  Article 42A.303(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  The judge may impose the condition of community   supervision described by this article if:                (1)  the defendant is charged with or convicted of a   felony other than:                      (A)  a felony under Section 21.11 or [,] 22.011,   [or 22.021,] Penal Code; or                      (B)  criminal attempt of a felony under Section   21.11, 22.011, or 22.021, Penal Code; and                (2)  the judge makes an affirmative finding that:                      (A)  drug or alcohol abuse significantly   contributed to the commission of the offense or violation of a   condition of community supervision, as applicable; and                      (B)  the defendant is a suitable candidate for   treatment, as determined by the suitability criteria established by   the Texas Board of Criminal Justice under Section 493.009(b),   Government Code.          SECTION 9.  Article 42A.453(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  This article applies to a defendant placed on community   supervision for an offense under:                (1)  Section 20.04(a)(4), Penal Code, if the defendant   committed the offense with the intent to violate or abuse the victim   sexually;                (2)  Section 20A.02, Penal Code, if the defendant:                      (A)  trafficked the victim with the intent or   knowledge that the victim would engage in sexual conduct, as   defined by Section 43.25, Penal Code; or                      (B)  benefited from participating in a venture   that involved a trafficked victim engaging in sexual conduct, as   defined by Section 43.25, Penal Code;                (3)  Section 21.08, 21.11, [22.011, 22.021,] or 25.02,   Penal Code;                (4)  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 listed in Subdivision (1)   or (3); or                (5)  Section 43.05(a)(2), 43.25, or 43.26, Penal Code.          SECTION 10.  Article 42A.454(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  This article applies only to a defendant who is required   to register as a sex offender under Chapter 62, by court order or   otherwise, and:                (1)  is convicted of or receives a grant of deferred   adjudication community supervision for a violation of Section   21.11, [22.011(a)(2), 22.021(a)(1)(B),] 33.021, or 43.25, Penal   Code;                (2)  used the Internet or any other type of electronic   device used for Internet access to commit the offense or engage in   the conduct for which the person is required to register under   Chapter 62; or                (3)  is assigned a numeric risk level of two or three   based on an assessment conducted under Article 62.007.          SECTION 11.  Article 42A.455, Code of Criminal Procedure, is   amended to read as follows:          Art. 42A.455.  PAYMENT TO CHILDREN'S ADVOCACY CENTER.  A   judge who grants community supervision to a defendant charged with   or convicted of an offense under Section 21.11 [or 22.011(a)(2)],   Penal Code, may require the defendant to pay a fine in an amount not   to exceed $50 to a children's advocacy center established under   Subchapter E, Chapter 264, Family Code.          SECTION 12.  Article 42A.653(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  A judge who grants community supervision to a defendant   convicted of an offense under Section 21.08, 21.11, 22.011,   [22.021,] 25.02, 43.25, or 43.26, Penal Code, shall require as a   condition of community supervision that the defendant pay to the   defendant's supervision officer a community supervision fine of $5   each month during the period of community supervision.          SECTION 13.  Article 42A.752(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  If after a hearing under Article 42A.751(d) a judge   continues or modifies community supervision after determining that   the defendant violated a condition of community supervision, the   judge may impose any other conditions the judge determines are   appropriate, including:                (1)  a requirement that the defendant perform community   service for a number of hours specified by the court under Article   42A.304, or an increase in the number of hours that the defendant   has previously been required to perform under that article in an   amount not to exceed double the number of hours permitted by that   article;                (2)  an extension of the period of community   supervision, in the manner described by Article 42A.753;                (3)  an increase in the defendant's fine, in the manner   described by Subsection (b); or                (4)  the placement of the defendant in a substance   abuse felony punishment program operated under Section 493.009,   Government Code, if:                      (A)  the defendant is convicted of a felony other   than:                            (i)  a felony under Section 21.11 or [,]   22.011, [or 22.021,] Penal Code; or                            (ii)  criminal attempt of a felony under   Section 21.11, 22.011, or 22.021, Penal Code; and                      (B)  the judge makes an affirmative finding that:                            (i)  drug or alcohol abuse significantly   contributed to the commission of the offense or violation of a   condition of community supervision, as applicable; and                            (ii)  the defendant is a suitable candidate   for treatment, as determined by the suitability criteria   established by the Texas Board of Criminal Justice under Section   493.009(b), Government Code.          SECTION 14.  Article 42A.757(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  If a defendant is placed on community supervision after   receiving a grant of deferred adjudication community supervision   for or being convicted of an offense under Section 21.11 or [,]   22.011, [or 22.021,] Penal Code, at any time during the period of   community supervision, the judge may extend the period of community   supervision as provided by this article.          SECTION 15.  Section 508.145(d)(2), Government Code, is   amended to read as follows:                (2)  An inmate described by Subdivision (1) is not   eligible for release on parole until the inmate's actual calendar   time served, without consideration of good conduct time, equals   one-half of the sentence or 30 calendar years, whichever is less,   but in no event is the inmate eligible for release on parole in less   than:                      (A)  10 calendar years, for an inmate serving a   sentence for an offense under Section 22.011, Penal Code;                      (B)  25 calendar years, for an inmate serving a   sentence for an offense under Section 22.021, Penal Code, except as   provided by Subsection (a)(3); or                      (C)  two calendar years, for an inmate serving a   sentence for any other offense to which this subsection applies.          SECTION 16.  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 17.  This Act takes effect September 1, 2023.