bill raising penalties for invasive visual recording of minors

The text as introduced · 2,363 words

89R1237 JRR-D

By: Cook
H.B. No. 1891

A BILL TO BE ENTITLED

AN ACT

relating to the offense of invasive visual recording of a minor,

including the statute of limitations for that offense and the

applicability of sex offender registration requirements to that

offense; harmonizing other statute of limitations provisions;

increasing criminal penalties for certain sexual offenses.

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

SECTION 1. Article 12.01, Code of Criminal Procedure, as

amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),

422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),

709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),

and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,

2023, is reenacted and amended to read as follows:

Art. 12.01. FELONIES. Except as provided in Articles

12.015 and 12.03, felony indictments may be presented within these

limits, and not afterward:

(1) no limitation:

(A) murder and manslaughter;

(B) sexual assault under Section 22.011(a)(2),

Penal Code, or aggravated sexual assault under Section

22.021(a)(1)(B), Penal Code;

(C) sexual assault, if:

(i) during the investigation of the offense

biological matter is collected and the matter:

(a) has not yet been subjected to

forensic DNA testing; or

(b) has been subjected to forensic DNA

testing and the testing results show that the matter does not match

the victim or any other person whose identity is readily

ascertained; or

(ii) probable cause exists to believe that

the defendant has committed the same or a similar sex offense

against five or more victims;

(D) continuous sexual abuse of young child or

disabled individual under Section 21.02, Penal Code;

(E) indecency with a child under Section 21.11,

Penal Code;

(F) an offense involving leaving the scene of a

collision under Section 550.021, Transportation Code, if the

collision resulted in the death of a person;

(G) trafficking of persons under Section

20A.02(a)(7) or (8), Penal Code;

(H) continuous trafficking of persons under

Section 20A.03, Penal Code;

(I) compelling prostitution under Section

43.05(a)(2) or (3), Penal Code; [ or ]

(J) tampering with physical evidence under

Section 37.09(a)(1) or (d)(1), Penal Code, if:

(i) the evidence tampered with is a human

corpse, as defined by that section; or

(ii) the investigation of the offense shows

that a reasonable person in the position of the defendant at the

time of the commission of the offense would have cause to believe

that the evidence tampered with is related to a criminal homicide

under Chapter 19, Penal Code;

(K) [ (J) ] interference with child custody under

Section 25.03(a)(3), Penal Code; or

(L) [ (J) ] burglary under Section 30.02, Penal

Code, if:

(i) the offense is punishable under

Subsection (d) of that section because the defendant entered a

habitation with the intent to commit an offense under Section

22.011 or 22.021, Penal Code; and

(ii) during the investigation of the

offense biological matter is collected and the matter:

(a) has not yet been subjected to

forensic DNA testing; or

(b) has been subjected to forensic DNA

testing and the testing results show that the matter does not match

the victim or any other person whose identity is readily

ascertained;

(2) ten years from the date of the commission of the

offense:

(A) theft of any estate, real, personal or mixed,

by an executor, administrator, guardian or trustee, with intent to

defraud any creditor, heir, legatee, ward, distributee,

beneficiary or settlor of a trust interested in such estate;

(B) theft by a public servant of government

property over which the public servant exercises control in the

public servant's official capacity;

(C) forgery or the uttering, using, or passing of

forged instruments;

(D) injury to an elderly or disabled individual

punishable as a felony of the first degree under Section 22.04,

Penal Code;

(E) sexual assault, except as provided by

Subdivision (1) or (9) [ (8) ];

(F) arson;

(G) trafficking of persons under Section

20A.02(a)(1), (2), (3), or (4), Penal Code; or

(H) compelling prostitution under Section

43.05(a)(1), Penal Code;

(3) seven years from the date of the commission of the

offense:

(A) misapplication of fiduciary property or

property of a financial institution;

(B) fraudulent securing of document execution;

(C) a felony violation under Chapter 162, Tax

Code;

(D) false statement to obtain property or credit

under Section 32.32, Penal Code;

(E) money laundering;

(F) credit card or debit card abuse under Section

32.31, Penal Code;

(G) fraudulent use or possession of identifying

information under Section 32.51, Penal Code;

(H) exploitation of a child, elderly individual,

or disabled individual under Section 32.53, Penal Code;

(I) health care fraud under Section 35A.02, Penal

Code;

(J) bigamy under Section 25.01, Penal Code,

except as provided by Subdivision (7); or

(K) possession or promotion of child pornography

under Section 43.26, Penal Code;

(4) five years from the date of the commission of the

offense:

(A) theft or robbery;

(B) except as provided by Subdivision (5),

kidnapping;

(C) [ (B-1) ] except as provided by Subdivision

(1) or (5), burglary;

(D) [ (C) ] injury to an elderly or disabled

individual that is not punishable as a felony of the first degree

under Section 22.04, Penal Code;

(E) [ (D) ] abandoning or endangering an [ a

child, ] elderly [ individual, ] or disabled individual;

(F) [ (E) ] insurance fraud;

(G) [ (F) ] assault under Section 22.01, Penal

Code, if the assault was committed against a person whose

relationship to or association with the defendant is described by

Section 71.0021(b), 71.003, or 71.005, Family Code;

(H) [ (G) ] continuous violence against the family

under Section 25.11, Penal Code; or

(I) [ (H) ] aggravated assault under Section

22.02, Penal Code;

(5) if the investigation of the offense shows that the

victim is younger than 17 years of age at the time the offense is

committed, 20 years from the 18th birthday of the victim of one of

the following offenses:

(A) kidnapping under Section 20.03, Penal Code,

or aggravated kidnapping under Section 20.04, Penal Code; or

(B) subject to Subdivision (1)(L) [ (1)(J) ],

burglary under Section 30.02, Penal Code, if the offense is

punishable under Subsection (d) of that section because the

defendant entered a habitation with the intent to commit an offense

described by Subdivision (1)(B) or (D) of this article or Paragraph

(A) of this subdivision;

(6) 20 years from the 18th birthday of the victim of

one of the following offenses:

(A) trafficking of a child [ persons ] under

Section 20A.02(a)(5) or (6), Penal Code; [ or ]

(B) invasive visual recording under Section

21.15, Penal Code; or

(C) sexual performance by a child under Section

43.25, Penal Code;

(7) ten years from the 18th birthday of the victim of

the offense:

(A) injury to a child under Section 22.04, Penal

Code;

(B) bigamy under Section 25.01, Penal Code, if

the investigation of the offense shows that the person, other than

the legal spouse of the defendant, whom the defendant marries or

purports to marry or with whom the defendant lives under the

appearance of being married is younger than 18 years of age at the

time the offense is committed; or

(C) [ (D) ] abandoning or endangering a child;

(8) [ (7) ] ten years from the date the offense was

discovered: trafficking of a disabled individual under Section

20A.02(a)(5) or (6), Penal Code;

(9) [ (8) ] two years from the date the offense was

discovered: sexual assault punishable as a state jail felony under

Section 22.011(f)(2), Penal Code; or

(10) [ (9) ] three years from the date of the commission

of the offense: all other felonies.

SECTION 2. Article 62.001(5), Code of Criminal Procedure,

is amended to read as follows:

(5) "Reportable conviction or adjudication" means a

conviction or adjudication, including an adjudication of

delinquent conduct or a deferred adjudication, that, regardless of

the pendency of an appeal, is a conviction for or an adjudication

for or based on:

(A) a violation of Section 21.02 (Continuous

sexual abuse of young child or disabled individual), 21.09

(Bestiality), 21.11 (Indecency with a child), 22.011 (Sexual

assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited

sexual conduct), Penal Code;

(B) a violation of Section 43.04 (Aggravated

promotion of prostitution), 43.05 (Compelling prostitution), 43.25

(Sexual performance by a child), or 43.26 (Possession or promotion

of child pornography), Penal Code;

(B-1) a violation of Section 43.021

(Solicitation of Prostitution), Penal Code, if the offense is

punishable as a felony of the second degree;

(C) a violation of Section 20.04(a)(4)

(Aggravated kidnapping), Penal Code, if the actor committed the

offense or engaged in the conduct with intent to violate or abuse

the victim sexually;

(D) a violation of Section 30.02 (Burglary),

Penal Code, if the offense or conduct is punishable under

Subsection (d) of that section and the actor committed the offense

or engaged in the conduct with intent to commit a felony listed in

Paragraph (A) or (C);

(E) a violation of Section 20.02 (Unlawful

restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),

Penal Code, if, as applicable:

(i) the judgment in the case contains an

affirmative finding under Article 42.015; or

(ii) the order in the hearing or the papers

in the case contain an affirmative finding that the victim or

intended victim was younger than 17 years of age;

(F) the second violation of Section 21.08

(Indecent exposure), Penal Code, but not if the second violation

results in a deferred adjudication;

(G) an attempt, conspiracy, or solicitation, as

defined by Chapter 15, Penal Code, to commit an offense or engage in

conduct listed in Paragraph (A), (B), (C), (D), (E), (K), [ or ] (L) ,

or (M) ;

(H) a violation of the laws of another state,

federal law, the laws of a foreign country, or the Uniform Code of

Military Justice for or based on the violation of an offense

containing elements that are substantially similar to the elements

of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),

(G), (J), (K), [ or ] (L), or (M), but not if the violation results in

a deferred adjudication;

(I) the second violation of the laws of another

state, federal law, the laws of a foreign country, or the Uniform

Code of Military Justice for or based on the violation of an offense

containing elements that are substantially similar to the elements

of the offense of indecent exposure, but not if the second violation

results in a deferred adjudication;

(J) a violation of Section 33.021 (Online

solicitation of a minor), Penal Code;

(K) a violation of Section 20A.02(a)(3), (4),

(7), or (8) (Trafficking of persons), Penal Code; [ or ]

(L) a violation of Section 20A.03 (Continuous

trafficking of persons), Penal Code, if the offense is based partly

or wholly on conduct that constitutes an offense under Section

20A.02(a)(3), (4), (7), or (8) of that code ; or

(M) a violation of Section 21.15 (Invasive visual

recording), Penal Code, if the offense or conduct is punishable

under Subsection (c-1) of that section .

SECTION 3. Sections 12.502(b) and (c), Penal Code, are

amended to read as follows:

(b) Except as provided by Subsection (c), if it is shown on

the trial of an offense under Section 21.07, 21.08, 21.15, or 21.17

that the offense was committed in a location that was on the

premises of a postsecondary educational institution, the category

of punishment for the offense is increased to a higher category of

offense as follows:

(1) a Class C misdemeanor is increased to a Class B

misdemeanor;

(2) a Class B misdemeanor is increased to a Class A

misdemeanor;

(3) a Class A misdemeanor is increased to a state jail

felony; [ and ]

(4) a state jail felony is increased to a felony of the

third degree ; and

(5) a felony of the third degree is increased to a

felony of the second degree .

(c) For an offense otherwise punishable under Subsection

(b), if it is shown on the trial of the offense that the person has

been previously convicted twice of an offense under Section 21.07,

21.08, 21.15, or 21.17 for which the punishment was increased under

Subsection (b), the category of punishment for the offense is

increased to a higher category of offense as follows:

(1) a Class C misdemeanor is increased to a Class A

misdemeanor;

(2) a Class B misdemeanor is increased to a state jail

felony;

(3) a Class A misdemeanor is increased to a felony of

the third degree; [ and ]

(4) a state jail felony is increased to a felony of the

second degree ; and

(5) a felony of the third degree is increased to a

felony of the first degree .

SECTION 4. Section 21.15, Penal Code, is amended by

amending Subsection (c) and adding Subsection (c-1) to read as

follows:

(c) Except as provided by Subsection (c-1), an [ An ] offense

under this section is a state jail felony.

(c-1) An offense under this section is a felony of the third

degree if the victim of the offense was younger than 18 years of age

at the time the offense was committed.

SECTION 5. (a) The change in law made by this Act to Article

12.01, Code of Criminal Procedure, does not apply to an offense if

the prosecution of that offense becomes barred by limitation before

the effective date of this Act. The prosecution of that offense

remains barred as if this Act had not taken effect.

(b) The changes in law made by this Act to Article

62.001(5), Code of Criminal Procedure, and Sections 12.502 and

21.15, Penal Code, 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 subsection, an

offense was committed before the effective date of this Act if any

element of the offense occurred before that date.

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