Bill raising the penalty for sexual assault of a child

The text as introduced · 406 words

89R13244 MZM-D

By: Leach
H.B. No. 3165

A BILL TO BE ENTITLED

AN ACT

relating to increasing the criminal penalty for the offense of

sexual assault of a child and changing the eligibility for parole of

certain persons convicted of that offense.

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

SECTION 1. Section 508.145(a), Government Code, is amended

to read as follows:

(a) An inmate is not eligible for release on parole if the

inmate is under sentence of death, serving a sentence of life

imprisonment without parole, or serving a sentence for any of the

following offenses under the Penal Code:

(1) Section 20A.03, if the offense is based partly or

wholly on conduct constituting an offense under Section

20A.02(a)(5), (6), (7), or (8);

(2) Section 21.02;

(3) Section 22.011, if the offense is punishable under

Subsection (f)(1)(B) of that section;

(4) Section 22.021, if the offense is punishable under

Subsection (f) of that section; or

(5) [ (4) ] Section 51.03 or 51.04.

SECTION 2. 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, except that an offense under this section is:

(1) a felony of the first degree if [ the victim was ]:

(A) the victim was:

(i) 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

(ii) [ (B) ] a person with whom the actor was

prohibited from engaging in sexual intercourse or deviate sexual

intercourse under Section 25.02; or

(B) the offense was committed under Subsection

(a)(2); 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 3. 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 4. This Act takes effect September 1, 2025.