Guillen Bill Gives Educator Misconduct Victims Protective Orders, 10-Year Window

The text as introduced · 3,398 words

90R3364 MEW-F

By: Guillen
H.B. No. 143

A BILL TO BE ENTITLED

AN ACT

relating to the improper relationship between educator and student,

including the statute of limitations for and the applicability of

sex offender registration requirements to the offense, the rights

and protection of victims of the offense, and the punishment of

certain acts committed in furtherance of the offense.

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

SECTION 1. Article 7B.001(a), Code of Criminal Procedure,

is amended to read as follows:

(a) The following persons may file an application for a

protective order under this subchapter without regard to the

relationship between the applicant and the alleged offender:

(1) a person who is the victim of an offense under

Section 20A.02, 20A.03, 21.02, 21.11, 21.12, 22.011, 22.012,

22.021, 42.072, or 43.05, Penal Code;

(2) a person who is the victim of an offense under

Section 30.02, Penal Code, that is punishable under Subsection

(c)(2) or (d) of that section;

(3) any adult, including a parent or guardian, who is

acting on behalf of a victim described by Subdivision (1) or (2), if

the victim is younger than 18 years of age or an adult ward; or

(4) a prosecuting attorney acting on behalf of a

person described by Subdivision (1), (2), or (3).

SECTION 2. Article 7B.004, Code of Criminal Procedure, is

amended to read as follows:

Art. 7B.004. HEARSAY STATEMENT OF CHILD VICTIM. In a

hearing on an application for a protective order under this

subchapter, a statement that is made by a child younger than 14

years of age who is the victim of an offense under Section 21.02,

21.11, 21.12, 22.011, 22.012, or 22.021, Penal Code, and that

describes the offense committed against the child is admissible as

evidence in the same manner that a child's statement regarding

alleged abuse against the child is admissible under Section

104.006, Family Code, in a suit affecting the parent-child

relationship.

SECTION 3. Article 12.01, Code of Criminal Procedure, is

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;

(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) interference with child custody under

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

(L) 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;

(M) failure to stop or report sexual or

assaultive offense against child under Section 38.17, Penal Code;

or

(N) continuous promotion of prostitution under

Section 43.032, Penal Code;

(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 (10);

(F) arson;

(G) trafficking of persons under Section

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

(H) compelling prostitution under Section

43.05(a)(1), Penal Code;

(I) real property theft under Section 31.23,

Penal Code; [ or ]

(J) real property fraud under Section 32.60,

Penal Code; or

(K) improper relationship between educator and

student under Section 21.12, Penal Code;

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

offense:

(A) an offense under Chapter 32, Penal Code,

except as provided by Subdivision (2)(C) or (J);

(B) a felony violation under Chapter 162, Tax

Code;

(C) money laundering;

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

Code;

(E) bigamy under Section 25.01, Penal Code,

except as provided by Subdivision (7); or

(F) 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) except as provided by Subdivision (1) or (5),

burglary;

(D) 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) abandoning or endangering an elderly or

disabled individual;

(F) insurance fraud;

(G) 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) continuous violence against the family under

Section 25.11, Penal Code; or

(I) 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), 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 under Section

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

(B) 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) abandoning or endangering a child;

(8) 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) four years from the date the offense was

discovered: failure to report child abuse or neglect if the

offense is punishable as a state jail felony under Section

261.109(c), Family Code;

(10) 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

(11) three years from the date of the commission of the

offense: all other felonies.

SECTION 4. The heading to Section 25.07, Penal Code, is

amended to read as follows:

Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS

OF BOND IN [ A ] FAMILY VIOLENCE AND CERTAIN OTHER CASES [ , CHILD

ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT,

STALKING, OR TRAFFICKING CASE ].

SECTION 5. Section 25.07(a), Penal Code, is amended to read

as follows:

(a) A person commits an offense if, in violation of a

condition of bond set in a family violence, sexual assault or abuse,

indecent assault, stalking, or trafficking case and related to the

safety of a victim or the safety of the community, an order issued

under Subchapter A, Chapter 7B, Code of Criminal Procedure, an

order issued under Article 17.292, Code of Criminal Procedure, an

order issued under Section 6.504, Family Code, Chapter 83, Family

Code, if the temporary ex parte order has been served on the person,

Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code,

or an order issued by another jurisdiction as provided by Chapter

88, Family Code, the person knowingly or intentionally:

(1) commits family violence or an act in furtherance

of an offense under Section 20A.02, 21.12, 22.011, 22.012, 22.021,

or 42.072;

(2) communicates:

(A) directly with a protected individual or a

member of the family or household in a threatening or harassing

manner;

(B) a threat through any person to a protected

individual or a member of the family or household; or

(C) in any manner with the protected individual

or a member of the family or household except through the person's

attorney or a person appointed by the court, if the violation is of

an order described by this subsection and the order prohibits any

communication with a protected individual or a member of the family

or household;

(3) goes to or near any of the following places as

specifically described in the order or condition of bond:

(A) the residence or place of employment or

business of a protected individual or a member of the family or

household; or

(B) any child care facility, residence, or school

where a child protected by the order or condition of bond normally

resides or attends;

(4) possesses a firearm;

(5) harms, threatens, or interferes with the care,

custody, or control of a pet, companion animal, or assistance

animal that is possessed by a person protected by the order or

condition of bond;

(6) removes, attempts to remove, or otherwise tampers

with the normal functioning of a global positioning monitoring

system; or

(7) tracks or monitors personal property or a motor

vehicle in the possession of a protected individual or of a member

of the family or household of a protected individual, without the

individual's effective consent, including by:

(A) using a tracking application on a personal

electronic device in the possession of the protected individual or

the family or household member or using a tracking device; or

(B) physically following the protected

individual or family or household member or causing another to

physically follow the individual or member.

SECTION 6. The heading to Section 25.072, Penal Code, is

amended to read as follows:

Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR

CONDITIONS OF BOND IN FAMILY VIOLENCE AND CERTAIN OTHER CASES [ ,

CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT,

STALKING, OR TRAFFICKING CASE ].

SECTION 7. Article 56A.001(7), Code of Criminal Procedure,

is amended to read as follows:

(7) "Victim" means a person who:

(A) is the victim of the offense of:

(i) sexual assault;

(ii) improper relationship between

educator and student;

(iii) [ (ii) ] kidnapping;

(iv) [ (iii) ] aggravated robbery;

(v) [ (iv) ] trafficking of persons;

(vi) [ (v) ] injury to a child, elderly

individual, or disabled individual;

(vii) [ (vi) ] family violence; or

(viii) [ (vii) ] stalking;

(B) has suffered personal injury or death as a

result of the criminal conduct of another; or

(C) is the victim of an offense committed under

Section 25.07, 25.071, or 25.072, Penal Code, if a violation that is

an element of the offense occurred through the commission of an

assault, aggravated assault, or sexual assault or the offense of

stalking, regardless of whether that violation occurred with

respect to a person whose relationship to or association with the

defendant is described by Section 71.0021(b), 71.003, or 71.005,

Family Code.

SECTION 8. Article 56A.052(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A victim, guardian of a victim, or close relative of a

deceased victim of an offense under Section 21.02, 21.11, 21.12,

22.011, 22.012, or 22.021, Penal Code, is entitled to the following

rights within the criminal justice system:

(1) if requested, the right to a disclosure of

information, in the manner provided by Article 56A.0525, regarding:

(A) any evidence that was collected during the

investigation of the offense, unless disclosing the information

would interfere with the investigation or prosecution of the

offense, in which event the victim, guardian, or relative shall be

informed of the estimated date on which that information is

expected to be disclosed; and

(B) the status of any analysis being performed on

any evidence described by Paragraph (A);

(2) if requested, the right to be notified in the

manner provided by Article 56A.0525:

(A) at the time a request is submitted to a crime

laboratory to process and analyze any evidence that was collected

during the investigation of the offense;

(B) at the time of the submission of a request to

compare any biological evidence collected during the investigation

of the offense with DNA profiles maintained in a state or federal

DNA database; and

(C) of the results of the comparison described by

Paragraph (B), unless disclosing the results would interfere with

the investigation or prosecution of the offense, in which event the

victim, guardian, or relative shall be informed of the estimated

date on which those results are expected to be disclosed;

(3) if requested, the right to counseling regarding

acquired immune deficiency syndrome (AIDS) and human

immunodeficiency virus (HIV) infection;

(4) if requested, the right to be informed about, and

confer with the attorney representing the state regarding, the

disposition of the offense, including sharing the victim's,

guardian's, or relative's views regarding:

(A) a decision not to file charges;

(B) the dismissal of charges;

(C) the use of a pretrial intervention program;

or

(D) a plea bargain agreement; and

(5) for the victim, the right to:

(A) testing for acquired immune deficiency

syndrome (AIDS), human immunodeficiency virus (HIV) infection,

antibodies to HIV, or infection with any other probable causative

agent of AIDS;

(B) a forensic medical examination as provided by

Subchapter G; and

(C) any prescribed continuing medical care that

is related to the sexual assault and provided to the victim during

the 30-day period following a forensic medical examination, as

provided by Subchapter G.

SECTION 9. Article 62.001(5), Code of Criminal Procedure,

as amended by Chapters 123 (H.B. 2000), 248 (H.B. 1465), 557 (H.B.

1422), and 1145 (S.B. 1610), Acts of the 89th Legislature, Regular

Session, 2025, is reenacted and 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), 21.03

(Continuous sexual abuse), 21.09 (Bestiality), 21.11 (Indecency

with a child), 21.12 (Improper relationship between educator and

student), 21.15 (Invasive visual recording), 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);

(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), (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;

(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 15.032 (Child

grooming), Penal Code ; or

(N) [ (M) ] a violation of any law of this state

for which the person has been civilly committed as a sexually

violent predator under Chapter 841, Health and Safety Code.

SECTION 10. Article 12.01, Code of Criminal Procedure, as

amended by this Act, 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.

SECTION 11. Article 62.001(5), Code of Criminal Procedure,

as reenacted and 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

section, an offense was committed before the effective date of this

Act if any element of the offense occurred before that date.

SECTION 12. To the extent of any conflict, this Act prevails

over another Act of the 90th Legislature, Regular Session, 2027,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 13. This Act takes effect September 1, 2027.