HB3165 - Relating to increasing the criminal penalty for the offense of sexual assault of a child and changing the eligibility for parole of certain persons convicted of that offense.

  89R13244 MZM-D     By: Leach H.B. No. 3165       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for the offense of   sexual assault of a child and changing the eligibility for parole of   certain persons convicted of that offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 508.145(a), Government Code, is amended   to read as follows:          (a)  An inmate is not eligible for release on parole if the   inmate is under sentence of death, serving a sentence of life   imprisonment without parole, or serving a sentence for any of the   following offenses under the Penal Code:                (1)  Section 20A.03, if the offense is based partly or   wholly on conduct constituting an offense under Section   20A.02(a)(5), (6), (7), or (8);                (2)  Section 21.02;                (3)   Section 22.011, if the offense is punishable under   Subsection (f)(1)(B) of that section;                 (4)   Section 22.021, if the offense is punishable under   Subsection (f) of that section; or                 (5)  [ (4) ]  Section 51.03 or 51.04.          SECTION 2.  Section 22.011(f), Penal Code, is amended to   read as follows:          (f)  An offense under this section is a felony of the second   degree, except that an offense under this section is:                (1)  a felony of the first degree if [ the victim was ]:                      (A)   the victim was:                             (i)   a person whom the actor was prohibited   from marrying or purporting to marry or with whom the actor was   prohibited from living under the appearance of being married under   Section 25.01; or                             (ii) [ (B) ]  a person with whom the actor was   prohibited from engaging in sexual intercourse or deviate sexual   intercourse under Section 25.02; or                       (B)     the offense was committed under Subsection   (a)(2); or                (2)  a state jail felony if the offense is committed   under Subsection (a)(1) and the actor has not received express   consent as described by Subsection (b)(12).          SECTION 3.  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 4.  This Act takes effect September 1, 2025.