Leach Bill Makes Several Child Sex Offenses Capital Felonies

The text as introduced · 1,229 words

By: Leach
H.B. No. 157

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of certain sexual

offenses; increasing criminal penalties; changing parole

eligibility.

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

SECTION 1. Section 21.02(h), Penal Code, is amended to read

as follows:

(h) An offense under this section is a capital felony [ of

the first degree, punishable by imprisonment in the Texas

Department of Criminal Justice for life, or for any term of not more

than 99 years or less than 25 years ].

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

add:

(3) is a capital felony if the offense is committed under

22.011(2).

SECTION 3. Section 22.021(e), Penal Code, is amended to

read as follows:

(e) An offense under this section is a felony of the first

degree , except that an offense under this section is:

(1) a capital felony if the offense is committed under

22.021(B)

SECTION 4. Section 43.05(b), Penal Code, is amended to read

as follows:

(b) An offense under this section is a felony of the first

degree , except that an offense under Subsection (a)(2) is a capital

felony if the victim is younger than 14 years of age at the time the

offense is committed, regardless of whether the actor knows the age

of the victim at the time of the offense .

SECTION 5. Section 43.25(e), Penal Code, is amended to read

as follows:

(e) An offense under this section [ Subsection (d) ] is a

felony of the first [ third ] degree, except that the offense is a

capital felony [ of the second degree ] if the victim is younger than

14 years of age at the time the offense is committed, regardless of

whether the actor knows the age of the victim at the time of the

offense.

SECTION 6. Sections 4(a) and (b), Article 37.07, Code of

Criminal Procedure, are amended to read as follows:

(a) In the penalty phase of the trial of a felony case in

which the punishment is to be assessed by the jury rather than the

court, if the offense of which the jury has found the defendant

guilty is an offense under Section 71.02, Penal Code, other than an

offense punishable as a state jail felony under that section, an

offense under Section 71.023, Penal Code, or an offense listed in

Article 42A.054(a), or if the judgment contains an affirmative

finding under Article 42A.054(c) or (d), unless the defendant has

been convicted of [ an offense under Section 21.02, Penal Code, ] an

offense under Section 22.021, Penal Code, that is punishable under

Subsection (f) of that section, or a capital felony, the court shall

charge the jury in writing as follows:

"The length of time for which a defendant is imprisoned may be

reduced by the award of parole.

"Under the law applicable in this case, if the defendant is

sentenced to a term of imprisonment, the defendant will not become

eligible for parole until the actual time served equals one-half of

the sentence imposed or 30 years, whichever is less. If the

defendant is sentenced to a term of less than four years, the

defendant must serve at least two years before the defendant is

eligible for parole. Eligibility for parole does not guarantee

that parole will be granted.

"It cannot accurately be predicted how the parole law might

be applied to this defendant if sentenced to a term of imprisonment,

because the application of that law will depend on decisions made by

parole authorities.

"You may consider the existence of the parole law. You are

not to consider the manner in which the parole law may be applied to

this particular defendant."

(b) In the penalty phase of the trial of a felony case in

which the punishment is to be assessed by the jury rather than the

court, if the offense is punishable as a felony of the first degree,

if a prior conviction has been alleged for enhancement of

punishment as provided by Section 12.42(b), (c)(1) or (2), or (d),

Penal Code, or if the offense is a felony not designated as a

capital felony or a felony of the first, second, or third degree and

the maximum term of imprisonment that may be imposed for the offense

is longer than 60 years, unless the offense of which the jury has

found the defendant guilty is [ an offense that is punishable under

Section 21.02(h), Penal Code, or is ] listed in Article 42A.054(a)

or the judgment contains an affirmative finding under Article

42A.054(c) or (d), the court shall charge the jury in writing as

follows:

"The length of time for which a defendant is imprisoned may be

reduced by the award of parole.

"Under the law applicable in this case, the defendant, if

sentenced to a term of imprisonment, may earn early parole

eligibility through the award of good conduct time. Prison

authorities may award good conduct time to a prisoner who exhibits

good behavior, diligence in carrying out prison work assignments,

and attempts at rehabilitation. If a prisoner engages in

misconduct, prison authorities may also take away all or part of any

good conduct time earned by the prisoner.

"Under the law applicable in this case, if the defendant is

sentenced to a term of imprisonment, the defendant will not become

eligible for parole until the actual time served plus any good

conduct time earned equals one-fourth of the sentence imposed or 15

years, whichever is less. Eligibility for parole does not

guarantee that parole will be granted.

"It cannot accurately be predicted how the parole law and

good conduct time might be applied to this defendant if sentenced to

a term of imprisonment, because the application of these laws will

depend on decisions made by prison and parole authorities.

"You may consider the existence of the parole law and good

conduct time. However, you are not to consider the extent to which

good conduct time may be awarded to or forfeited by this particular

defendant. You are not to consider the manner in which the parole

law may be applied to this particular defendant."

SECTION 7. Section 508.145(d)(1), Government Code, is

amended to read as follows:

(d)(1) This subsection applies only to an inmate who is

serving a sentence for:

(A) an offense described by Article 42A.054(a),

Code of Criminal Procedure, other than an offense punishable as a

capital felony [ under Section 19.03, Penal Code, or an offense

under Chapter 20A, Penal Code, that is described by Subsection

(a)(1) or (c-1)(1) ];

(B) an offense for which the judgment contains an

affirmative finding under Article 42A.054(c) or (d), Code of

Criminal Procedure; or

(C) an offense under Section 71.02 or 71.023,

Penal Code.

SECTION 8. 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 9. This Act takes effect September 1, 2027.