Bill raising the child age to under 18

The text as introduced · 693 words

89R5109 LHC-D

By: Schatzline
H.B. No. 1264

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offenses of indecency with a

child and sexual assault.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.11(a), Penal Code, is amended to read

as follows:

(a) A person commits an offense if, with a child younger

than 18 [ 17 ] years of age, whether the child is of the same or

opposite sex and regardless of whether the person knows the age of

the child at the time of the offense, the person:

(1) engages in sexual contact with the child or causes

the child to engage in sexual contact; or

(2) with intent to arouse or gratify the sexual desire

of any person:

(A) exposes the person's anus or any part of the

person's genitals, knowing the child is present; or

(B) causes the child to expose the child's anus

or any part of the child's genitals.

SECTION 2. Section 22.011(c)(1), Penal Code, is amended to

read as follows:

(1) "Child" means a person younger than 18 [ 17 ] years

of age.

SECTION 3. Section 1(1), Article 38.074, Code of Criminal

Procedure, is amended to read as follows:

(1) "Child" means a person younger than 17 years of age

[ has the meaning assigned by Section 22.011(c), Penal Code ].

SECTION 4. Article 42A.453(c), Code of Criminal Procedure,

is amended to read as follows:

(c) If a judge grants community supervision to a defendant

described by Subsection (b) and the judge determines that a child

younger than 17 years of age [ as defined by Section 22.011(c), Penal

Code, ] was the victim of the offense, the judge shall establish a

child safety zone applicable to the defendant by requiring as a

condition of community supervision that the defendant:

(1) not:

(A) supervise or participate in any program that:

(i) includes as participants or recipients

persons who are 17 years of age or younger; and

(ii) regularly provides athletic, civic, or

cultural activities; or

(B) go in, on, or within 1,000 feet of a premises

where children commonly gather, including a school, day-care

facility, playground, public or private youth center, public

swimming pool, video arcade facility, or general residential

operation operating as a residential treatment center; and

(2) attend psychological counseling sessions for sex

offenders with an individual or organization that provides sex

offender treatment or counseling as specified or approved by the

judge or the defendant's supervision officer.

SECTION 5. Section 508.187(b), Government Code, is amended

to read as follows:

(b) A parole panel shall establish a child safety zone

applicable to a releasee if the panel determines that a child

younger than 17 years of age [ as defined by Section 22.011(c), Penal

Code, ] was the victim of the offense, by requiring as a condition of

parole or mandatory supervision that the releasee:

(1) not:

(A) supervise or participate in any program that

includes as participants or recipients persons who are 17 years of

age or younger and that regularly provides athletic, civic, or

cultural activities; or

(B) go in, on, or within a distance specified by

the panel of premises where children commonly gather, including a

school, day-care facility, playground, public or private youth

center, public swimming pool, or video arcade facility; and

(2) attend for a period of time determined necessary

by the panel psychological counseling sessions for sex offenders

with an individual or organization that provides sex offender

treatment or counseling as specified by the parole officer

supervising the releasee after release.

SECTION 6. 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 7. This Act takes effect September 1, 2025.