84R16463 ADM-D
	By: Dukes, Leach	H.B. No. 3977

	A BILL TO BE ENTITLED
	AN ACT
	relating to increasing the penalty for causing injury to a child;
	changing the eligibility for community supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 3g(a), Article 42.12, Code of Criminal
	Procedure, is amended to read as follows:
	(a)  The provisions of Section 3 of this article do not
	apply:
	(1)  to a defendant adjudged guilty of an offense
	under:
	(A)  Section 19.02, Penal Code (Murder);
	(B)  Section 19.03, Penal Code (Capital murder);
	(C)  Section 21.11(a)(1), Penal Code (Indecency
	with a child);
	(D)  Section 20.04, Penal Code (Aggravated
	kidnapping);
	(E)  Section 22.021, Penal Code (Aggravated
	sexual assault);
	(F)  Section 29.03, Penal Code (Aggravated
	robbery);
	(G)  Chapter 481, Health and Safety Code, for
	which punishment is increased under:
	(i)  Section 481.140, Health and Safety
	Code; or
	(ii)  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;
	(H)  Section 22.011, Penal Code (Sexual assault);
	(I)  Section 22.04(a)(1) or (2) or (a-1)(1) or
	(2), Penal Code (Injury to a child, elderly individual, or disabled
	individual), if the offense is punishable as a felony of the first
	degree and the victim of the offense is a child;
	(J)  Section 43.25, Penal Code (Sexual
	performance by a child);
	(K)  Section 15.03, Penal Code, if the offense is
	punishable as a felony of the first degree;
	(L)  Section 43.05, Penal Code (Compelling
	prostitution);
	(M)  Section 20A.02, Penal Code (Trafficking of
	persons); or
	(N)  Section 30.02, Penal Code (Burglary), if the
	offense is punishable under Subsection (d) of that section and the
	actor committed the offense with the intent to commit a felony under
	Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; or
	(2)  to a defendant when it is shown that a deadly
	weapon as defined in Section 1.07, Penal Code, was used or exhibited
	during the commission of a felony offense or during immediate
	flight therefrom, and that the defendant used or exhibited the
	deadly weapon or was a party to the offense and knew that a deadly
	weapon would be used or exhibited.  On an affirmative finding under
	this subdivision, the trial court shall enter the finding in the
	judgment of the court.  On an affirmative finding that the deadly
	weapon was a firearm, the court shall enter that finding in its
	judgment.
	SECTION 2.  Section 4(d), Article 42.12, Code of Criminal
	Procedure, is amended to read as follows:
	(d)  A defendant is not eligible for community supervision
	under this section 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 Section 15(a);
	(3)  does not file a sworn motion under Subsection (e)
	of this section or for whom the jury does not enter in the verdict a
	finding that the information contained in the motion is true;
	(4)  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 one of those subsections;
	(5)  is convicted of an offense listed in:
	(A)  Section 3g(a)(1)(C), (E), or (H), if the
	victim of the offense was younger than 14 years of age at the time
	the offense was committed; or
	(B)  Section 3g(a)(1)(I);
	(6)  is convicted of an offense listed in Section
	3g(a)(1)(D), if the victim of the offense was younger than 14 years
	of age at the time the offense was committed and the actor committed
	the offense with the intent to violate or abuse the victim sexually;
	(7)  is convicted of an offense listed in Section
	3g(a)(1)(J), (L), or (M); or
	(8)  is adjudged guilty of an offense under Section
	19.02, Penal Code.
	SECTION 3.  Section 22.04, Penal Code, is amended by
	amending Subsection (e) and adding Subsection (e-1) to read as
	follows:
	(e)  Except as provided by Subsection (e-1), an [An] offense
	under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the
	first degree if [when] the conduct was [is] committed intentionally
	or knowingly.  If [When] the conduct was [is] engaged in
	recklessly, the offense is a felony of the second degree.
	(e-1)  An offense under Subsection (a)(1) or (2) or (a-1)(1)
	or (2) is a felony of the first degree, punishable by imprisonment
	in the Texas Department of Criminal Justice for any term of not more
	than 99 years or less than 10 years, if:
	(1)  the conduct was committed intentionally or
	knowingly; and
	(2)  the victim of the offense was a child at the time
	of the offense.
	SECTION 4.  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 5.  This Act takes effect September 1, 2015.