Leach Bill Sets 10-Year Minimum For Educator Student Relationships

The text as introduced · 1,387 words

90R3880 MEW-D

By: Leach
H.B. No. 186

A BILL TO BE ENTITLED

AN ACT

relating to the criminal consequences for the offense of improper

relationship between educator and student, including increasing

the minimum term of imprisonment, changing eligibility for deferred

adjudication community supervision, mandatory supervision, and

parole, and requiring sex offender registration for that offense.

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

SECTION 1. Article 42A.102(b), Code of Criminal Procedure,

is amended to read as follows:

(b) In all other cases, the judge may grant deferred

adjudication community supervision unless:

(1) the defendant is charged with an offense:

(A) under Section 20A.02, 20A.03, 49.045, 49.05,

49.061, 49.065, 49.07, or 49.08, Penal Code;

(B) under Section 49.04 or 49.06, Penal Code,

and, at the time of the offense:

(i) the defendant held a commercial

driver's license or a commercial learner's permit; or

(ii) the defendant's alcohol concentration,

as defined by Section 49.01, Penal Code, was 0.15 or more;

(C) for which punishment may be increased under

Section 49.09, Penal Code;

(D) for which punishment may be increased under

Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it

is shown that the defendant has been previously convicted of an

offense for which punishment was increased under any one of those

subsections; or

(E) under Section 481.1123, Health and Safety

Code, that is punishable under Subsection (d), (e), or (f) of that

section;

(2) the defendant:

(A) is charged with an offense under Section

21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of

the age of the victim, or a felony described by Article 42A.453(b),

other than a felony described by Subdivision (1)(A) or (3)(B) of

this subsection; and

(B) has previously been placed on community

supervision for an offense under Paragraph (A);

(3) the defendant is charged with an offense under:

(A) Section 21.02, Penal Code;

(B) Section 21.03, Penal Code;

(C) Section 21.12, Penal Code; or

(D) [ (C) ] Section 22.021, Penal Code, that is

punishable under Subsection (f) of that section or under Section

12.42(c)(3) or (4), Penal Code; or

(4) the defendant is charged with an offense under

Section 19.02, Penal Code, except that the judge may grant deferred

adjudication community supervision on determining that the

defendant did not cause the death of the deceased, did not intend to

kill the deceased or another, and did not anticipate that a human

life would be taken.

SECTION 2. Subchapter K, Chapter 42A, Code of Criminal

Procedure, is amended by adding Article 42A.518 to read as follows:

Art. 42A.518. COMMUNITY SUPERVISION FOR IMPROPER

RELATIONSHIP BETWEEN EDUCATOR AND STUDENT OFFENSE. A court

granting community supervision to a defendant convicted of an

offense under Section 21.12, Penal Code, shall require as a term of

community supervision that the defendant serve a term of

imprisonment in the Texas Department of Criminal Justice of not

less than 10 years.

SECTION 3. 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 4. Section 508.145(e-1), Government Code, is

amended to read as follows:

(e-1) An inmate serving a sentence for an offense under

Section 21.12, Penal Code, or an offense punishable under Section

49.09(b-2)(2), Penal Code, is not eligible for release on parole

until the actual calendar time served, without consideration of

good conduct time, equals 10 years.

SECTION 5. Section 508.147(a-1), Government Code, is

amended to read as follows:

(a-1) An inmate serving a sentence for an offense under

Section 21.12, Penal Code, or punishable under Section

49.09(b-2)(2), Penal Code, may not be released to mandatory

supervision unless:

(1) the inmate's actual calendar time served, without

consideration of good conduct time, equals at least 10 years; and

(2) the inmate is otherwise eligible for release under

Subsection (a).

SECTION 6. Section 21.12(b), Penal Code, is amended to read

as follows:

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

degree with a minimum term of imprisonment of 10 years .

SECTION 7. 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 8. 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 9. This Act takes effect September 1, 2027.