Bill Text: TX SB129 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the prosecution and punishment for possession or promotion of child pornography; increasing criminal penalties.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB129 Detail]

Download: Texas-2023-SB129-Introduced.html

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88R1367 MEW-D
By: Springer S.B. No. 129

A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment for possession of child
pornography; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.03(b), Penal Code, is amended to read
as follows:
(b) If the accused is found guilty of more than one offense
arising out of the same criminal episode, the sentences may run
concurrently or consecutively if each sentence is for a conviction
of:
(1) an offense:
(A) under Section 49.07 or 49.08, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(2) an offense:
(A) under Section 33.021 or an offense under
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
against a victim younger than 17 years of age at the time of the
commission of the offense regardless of whether the accused is
convicted of violations of the same section more than once or is
convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) committed against a victim younger than 17
years of age at the time of the commission of the offense regardless
of whether the accused is charged with violations of the same
section more than once or is charged with violations of more than
one section;
(3) an offense:
(A) under Section 21.15 [or 43.26, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections]; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
under Section 21.15 [listed in Paragraph (A), regardless of whether
the accused is charged with violations of the same section more than
once or is charged with violations of both sections];
(4) an offense for which the judgment in the case
contains an affirmative finding under Article 42.0197, Code of
Criminal Procedure;
(5) an offense:
(A) under Section 20A.02, 20A.03, or 43.05,
regardless of whether the accused is convicted of violations of the
same section more than once or is convicted of violations of more
than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of more than one section;
(6) an offense:
(A) under Section 22.04(a)(1) or (2) or Section
22.04(a-1)(1) or (2) that is punishable as a felony of the first
degree, regardless of whether the accused is convicted of
violations of the same section more than once or is convicted of
violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) and punishable as described by that
paragraph, regardless of whether the accused is charged with
violations of the same section more than once or is charged with
violations of more than one section; or
(7) any combination of offenses listed in Subdivisions
(1)-(6).
SECTION 2. Section 43.26, Penal Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) An offense under Subsection (a) is:
(1) a felony of the third degree if the person
possesses visual material that contains fewer than 100 visual
depictions of a child as described by Subsection (a)(1);
(2) [, except that the offense is:
[(1)] a felony of the second degree if [it is shown on
the trial of the offense that] the person possesses visual material
that contains 100 or more visual depictions of a child as described
by Subsection (a)(1) but fewer than 500 such depictions [has been
previously convicted one time of an offense under that subsection];
(3) [and
[(2)] a felony of the first degree if [it is shown on the
trial of the offense that] the person possesses visual material
that contains 500 or more visual depictions of a child as described
by Subsection (a)(1); or
(4) a 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 if it
is shown on the trial of the offense that, at the time of the
offense, the person was:
(A) an employee at a child-care facility or a
residential child-care facility, as those terms are defined by
Section 42.002, Human Resources Code;
(B) an employee at a residential treatment
facility established under Section 221.056, Human Resources Code;
(C) an employee at a shelter or facility that
serves youth and that receives state funds; or
(D) receiving state funds for the care of a child
depicted by the visual material [has been previously convicted two
or more times of an offense under that subsection].
(d-1) If it is shown on the trial of an offense under
Subsection (a) that the visual material depicted a child younger
than 10 years of age at the time the image of the child was made or
that the defendant has been previously convicted of an offense
under that subsection:
(1) an offense described for purposes of punishment by
Subsection (d)(1) or (2) is increased to the next higher category of
offense; or
(2) the minimum term of confinement for an offense
described for purposes of punishment by Subsection (d)(3) is
increased to 15 years.
SECTION 3. 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 4. This Act takes effect September 1, 2023.