bill renumbers the aggravated kidnapping statute

The text as introduced · 2,932 words

90R432 MEW-D

By: Morales of Maverick
H.B. No. 380

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of aggravated

kidnapping.

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

SECTION 1. Section 20.04(a), Penal Code, is amended to read

as follows:

(a) A person commits an offense if the actor [ he ]

intentionally or knowingly abducts another person with the intent

to:

(1) hold the person [ him ] for ransom or reward;

(2) use the person [ him ] as a shield or hostage;

(3) facilitate the commission of a felony or the

flight after the attempt or commission of a felony;

(4) inflict bodily injury on the person [ him or

violate or abuse him sexually ];

(5) terrorize the person [ him ] or a third person; [ or ]

(6) interfere with the performance of any governmental

or political function ; or

(7) violate or abuse the person sexually .

SECTION 2. Article 42A.056, Code of Criminal Procedure, is

amended to read as follows:

Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY

SUPERVISION. A defendant is not eligible for community supervision

under Article 42A.055 if the defendant:

(1) is sentenced to a term of imprisonment that

exceeds 10 years;

(2) is convicted of a state jail felony for which

suspension of the imposition of the sentence occurs automatically

under Article 42A.551;

(3) is adjudged guilty of an offense under Section

19.02, Penal Code;

(4) is convicted of an offense under Section 21.11,

22.011, or 22.021, Penal Code, if the victim of the offense was

younger than 14 years of age at the time the offense was committed;

(5) is convicted of an offense under Section

20.04(a)(7) [ 20.04 ], Penal Code, if[ :

[ (A) ] the victim of the offense was younger than

14 years of age at the time the offense was committed[ ; and

[ (B) the actor committed the offense with the

intent to violate or abuse the victim sexually ];

(6) is convicted of an offense under Section 20A.02,

20A.03, 43.04, 43.05, or 43.25, Penal Code;

(7) is convicted of an offense for which punishment is

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 of those subsections; or

(8) is convicted of an offense under Section 481.1123,

Health and Safety Code, if the offense is punishable under

Subsection (d), (e), or (f) of that section.

SECTION 3. Article 42A.251(2), Code of Criminal Procedure,

is amended to read as follows:

(2) "Sex offender" means a person who has been

convicted of, or has entered a plea of guilty or nolo contendere

for, an offense under any one of the following provisions of the

Penal Code:

(A) Section 20.04(a)(7) [ 20.04(a)(4) ]

(Aggravated Kidnapping) [ , if the person committed the offense with

the intent to violate or abuse the victim sexually ];

(B) Section 21.08 (Indecent Exposure);

(C) Section 21.11 (Indecency with a Child);

(D) Section 22.011 (Sexual Assault);

(E) Section 22.021 (Aggravated Sexual Assault);

(F) Section 25.02 (Prohibited Sexual Conduct);

(G) Section 30.02 (Burglary), if:

(i) the offense is punishable under

Subsection (d) of that section; and

(ii) the person committed the offense with

the intent to commit a felony listed in this subdivision;

(H) Section 43.25 (Sexual Performance by a

Child); or

(I) Section 43.26 (Possession or Promotion of

Child Pornography).

SECTION 4. Article 42A.453(b), Code of Criminal Procedure,

is amended to read as follows:

(b) This article applies to a defendant placed on community

supervision for an offense under:

(1) Section 20.04(a)(7) [ 20.04(a)(4) ], Penal Code [ ,

if the defendant committed the offense with the intent to violate or

abuse the victim sexually ];

(2) Section 20A.02, Penal Code, if the defendant:

(A) trafficked the victim with the intent or

knowledge that the victim would engage in sexual conduct, as

defined by Section 43.25, Penal Code; or

(B) benefited from participating in a venture

that involved a trafficked victim engaging in sexual conduct, as

defined by Section 43.25, Penal Code;

(3) Section 21.08, 21.11, 22.011, 22.021, or 25.02,

Penal Code;

(4) Section 30.02, Penal Code, punishable under

Subsection (d) of that section, if the defendant committed the

offense with the intent to commit a felony listed in Subdivision (1)

or (3); or

(5) Section 43.05(a)(2), 43.25, or 43.26, Penal Code.

SECTION 5. 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), 21.15 (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)(7)

[ 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 6. Article 62.001(6), Code of Criminal Procedure,

is amended to read as follows:

(6) "Sexually violent offense" means any of the

following offenses committed by a person 17 years of age or older:

(A) an offense under Section 21.02 (Continuous

sexual abuse of young child or disabled individual), 21.03

(Continuous sexual abuse), 21.11(a)(1) (Indecency with a child),

22.011 (Sexual assault), or 22.021 (Aggravated sexual assault),

Penal Code;

(B) an offense under Section 43.25 (Sexual

performance by a child), Penal Code;

(C) an offense under Section 20.04(a)(7)

[ 20.04(a)(4) ] (Aggravated kidnapping), Penal Code[ , if the

defendant committed the offense with intent to violate or abuse the

victim sexually ];

(D) an offense under Section 30.02 (Burglary),

Penal Code, if the offense is punishable under Subsection (d) of

that section and the defendant committed the offense with intent to

commit a felony listed in Paragraph (A) or (C) of Subdivision (5);

or

(E) an offense under the laws of another state,

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

Military Justice if the offense contains elements that are

substantially similar to the elements of an offense listed under

Paragraph (A), (B), (C), or (D).

SECTION 7. Article 66.102(h), Code of Criminal Procedure,

is amended to read as follows:

(h) In addition to the information described by this

article, information in the computerized criminal history system

must include the age of the victim of the offense if the offender

was arrested for or charged with an offense under the following

provisions of the Penal Code:

(1) Section 20.04(a)(7) [ 20.04(a)(4) ] (Aggravated

Kidnapping)[ , if the offender committed the offense with the intent

to violate or abuse the victim sexually ];

(2) Section 20A.02 (Trafficking of Persons), if the

offender:

(A) trafficked a person with the intent or

knowledge that the person would engage in sexual conduct, as

defined by Section 43.25, Penal Code; or

(B) benefited from participating in a venture

that involved a trafficked person engaging in sexual conduct, as

defined by Section 43.25, Penal Code;

(3) Section 21.02 (Continuous Sexual Abuse of Young

Child or Disabled Individual);

(4) Section 21.11 (Indecency with a Child);

(5) Section 22.011 (Sexual Assault) or 22.021

(Aggravated Sexual Assault);

(6) Section 30.02 (Burglary), if the offense is

punishable under Subsection (d) of that section and the offender

committed the offense with the intent to commit an offense

described by Subdivision (1), (4), or (5);

(7) Section 43.05(a)(2) (Compelling Prostitution); or

(8) Section 43.25 (Sexual Performance by a Child).

SECTION 8. Section 508.187(a), Government Code, is amended

to read as follows:

(a) This section applies only to a releasee serving a

sentence for an offense under:

(1) Section 43.25 or 43.26, Penal Code;

(2) Section 21.02, 21.11, 22.011, 22.021, or 25.02,

Penal Code;

(3) Section 20.04(a)(7) [ 20.04(a)(4) ], Penal Code [ ,

if the releasee committed the offense with the intent to violate or

abuse the victim sexually ];

(4) Section 30.02, Penal Code, punishable under

Subsection (d) of that section, if the releasee committed the

offense with the intent to commit a felony listed in Subdivision (2)

or (3);

(5) Section 43.05(a)(2), Penal Code; or

(6) Section 20A.02, Penal Code, if the defendant:

(A) trafficked the victim with the intent or

knowledge that the victim would engage in sexual conduct, as

defined by Section 43.25, Penal Code; or

(B) benefited from participating in a venture

that involved a trafficked victim engaging in sexual conduct, as

defined by Section 43.25, Penal Code.

SECTION 9. Section 841.002(8), Health and Safety Code, is

amended to read as follows:

(8) "Sexually violent offense" means:

(A) an offense under Section 21.02, 21.11(a)(1),

22.011, or 22.021, Penal Code;

(B) an offense under Section 20.04(a)(7)

[ 20.04(a)(4) ], Penal Code[ , if the person committed the offense

with the intent to violate or abuse the victim sexually ];

(C) an offense under Section 30.02, Penal Code,

if the offense is punishable under Subsection (d) of that section

and the person entered the habitation with the intent to commit an

offense listed in Paragraph (A) or (B) or committed or attempted to

commit an offense listed in Paragraph (A) or (B);

(D) an offense under Section 19.02 or 19.03,

Penal Code, that, during the guilt or innocence phase or the

punishment phase for the offense, during the adjudication or

disposition of delinquent conduct constituting the offense, or

subsequently during a civil commitment proceeding under Subchapter

D, is determined beyond a reasonable doubt to have been based on

sexually motivated conduct;

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

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

Paragraph (A), (B), (C), or (D);

(F) an offense under prior state law that

contains elements substantially similar to the elements of an

offense listed in Paragraph (A), (B), (C), (D), or (E); or

(G) an offense under the law of another state,

federal law, or the Uniform Code of Military Justice that contains

elements substantially similar to the elements of an offense listed

in Paragraph (A), (B), (C), (D), or (E).

SECTION 10. Section 12.42(c)(2), Penal Code, is amended to

read as follows:

(2) Notwithstanding Subdivision (1), a defendant

shall be punished by imprisonment in the Texas Department of

Criminal Justice for life if:

(A) the defendant is convicted of an offense:

(i) under Section 20A.02(a)(7) or (8),

21.11(a)(1), 22.011, or 22.021[ , or 22.011, Penal Code ];

(ii) under Section 20.04(a)(7)

[ 20.04(a)(4), Penal Code, if the defendant committed the offense

with the intent to violate or abuse the victim sexually ]; or

(iii) under Section 30.02, [ Penal Code, ]

punishable under Subsection (d) of that section, if the defendant

committed the offense with the intent to commit a felony described

by Subparagraph (i) or (ii) or a felony under Section 21.11[ , Penal

Code ]; and

(B) the defendant has been previously convicted

of an offense:

(i) under Section 43.25 or 43.26[ , Penal

Code, ] or an offense under Section 43.23[ , Penal Code, ] punishable

under Subsection (h) of that section;

(ii) under Section 20A.02(a)(7) or (8),

21.02, 21.03, 21.11, 22.011, 22.021, or 25.02[ , Penal Code ];

(iii) under Section 20.04(a)(7)

[ 20.04(a)(4), Penal Code, if the defendant committed the offense

with the intent to violate or abuse the victim sexually ];

(iv) under Section 30.02, [ Penal Code, ]

punishable under Subsection (d) of that section, if the defendant

committed the offense with the intent to commit a felony described

by Subparagraph (ii) or (iii); or

(v) under the laws of another state

containing elements that are substantially similar to the elements

of an offense listed in Subparagraph (i), (ii), (iii), or (iv).

SECTION 11. Section 21.02(c), Penal Code, is amended to

read as follows:

(c) For purposes of this section, "act of sexual abuse"

means any act that is a violation of one or more of the following

penal laws:

(1) aggravated kidnapping under Section 20.04(a)(7)

[ 20.04(a)(4), if the actor committed the offense with the intent to

violate or abuse the victim sexually ];

(2) indecency with a child under Section 21.11(a)(1),

if the actor committed the offense in a manner other than by

touching, including touching through clothing, the breast of a

child;

(3) sexual assault under Section 22.011;

(4) aggravated sexual assault under Section 22.021;

(5) burglary under Section 30.02, if the offense is

punishable under Subsection (d) of that section and the actor

committed the offense with the intent to commit an offense listed in

Subdivisions (1)-(4);

(6) sexual performance by a child under Section 43.25;

(7) trafficking of persons under Section

20A.02(a)(3), (4), (7), or (8); and

(8) compelling prostitution under Section 43.05.

SECTION 12. Section 21.03(b), Penal Code, is amended to

read as follows:

(b) For purposes of this section, "act of sexual abuse"

means any act that is a violation of one or more of the following

penal laws:

(1) aggravated kidnapping under Section 20.04(a)(7)

[ 20.04(a)(4), if the actor committed the offense with the intent to

violate or abuse the victim sexually ];

(2) indecency with a child under Section 21.11(a)(1),

if the actor committed the offense in a manner other than by

touching, including touching through clothing, the breast of a

child;

(3) sexual assault under Section 22.011;

(4) aggravated sexual assault under Section 22.021;

(5) burglary under Section 30.02, if the offense is

punishable under Subsection (d) of that section and the actor

committed the offense with the intent to commit an offense listed in

Subdivisions (1)-(4);

(6) sexual performance by a child under Section 43.25;

(7) trafficking of persons under Section

20A.02(a)(3), (4), (7), or (8); and

(8) compelling prostitution under Section 43.05.

SECTION 13. 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 14. The change in law made 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 15. This Act takes effect September 1, 2027.