SB1610 - Relating to sexually violent predators, to the Texas Civil Commitment Office, and to the prosecution of the offense of harassment by sexually violent predators and other persons confined in certain facilities; amending certain sex offender registration requirements; increasing criminal penalties.

      S.B. No. 1610         AN ACT   relating to sexually violent predators, to the Texas Civil   Commitment Office, and to the prosecution of the offense of   harassment by sexually violent predators and other persons confined   in certain facilities; amending certain sex offender registration   requirements; increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.42, Penal Code, is amended by   amending Subsection (d) and adding Subsection (e) to read as   follows:          (d)  Except as provided by Subsection (c)(2) , [ or ] (c)(4), or   (e), if it is shown on the trial of a felony offense other than a   state jail felony punishable under Section 12.35(a) that the   defendant has previously been finally convicted of two felony   offenses, and the second previous felony conviction is for an   offense that occurred subsequent to the first previous conviction   having become final, on conviction the defendant shall be punished   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. A previous conviction for a state jail felony punishable   under Section 12.35(a) may not be used for enhancement purposes   under this subsection.           (e)     Notwithstanding Subsection (c) or (d), if it is shown on   the trial of a felony offense other than a state jail felony   punishable under Section 12.35(a) that the defendant was civilly   committed as a sexually violent predator under Chapter 841, Health   and Safety Code, at the time of the offense, on conviction the   defendant shall be punished 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.          SECTION 2.  Section 21.08(b), Penal Code, as amended by   Chapters 351 (S.B. 1179) and 822 (H.B. 1730), Acts of the 88th   Legislature, Regular Session, 2023, is reenacted and amended to   read as follows:          (b)  An offense under this section is a Class B misdemeanor,   except that the offense is:                (1)  a Class A misdemeanor if it is shown on the trial   of the offense that the defendant has been previously convicted one   time of an offense under this section; [ and ]                (2)  a state jail felony if it is shown on the trial of   the offense that the defendant has been previously convicted two or   more times of an offense under this section ; or                 (3)   a felony of the third degree if the actor is   civilly committed as a sexually violent predator under Chapter 841,   Health and Safety Code.          SECTION 3.  Section 22.01, Penal Code, is amended by adding   Subsection (d-1) to read as follows:           (d-1)     The actor is presumed to have known the person   assaulted was a person described by Subsection (b-1)(2)(A) or (B),   as applicable, if the person was wearing a distinctive uniform or   badge indicating the person's status as an officer or employee of   the Texas Civil Commitment Office or a contractor or employee of a   contractor performing a service in a civil commitment facility.          SECTION 4.  Section 22.012(b), Penal Code, is amended to   read as follows:          (b)  An offense under this section is a Class A misdemeanor,   except that the offense is:                (1)  a state jail felony if it is shown on the trial of   the offense that:                      (A)  the defendant has been previously convicted   of an offense under this section, other than an offense punishable   under Paragraph (B); or                      (B)  the defendant is a health care services   provider or a mental health services provider and the act is:                            (i)  committed during the course of   providing a treatment or service to the victim; and                            (ii)  beyond the scope of generally accepted   practices for the treatment or service; [ or ]                (2)  a felony of the third degree if it is shown on the   trial of the offense that the defendant has been previously   convicted of an offense under this section that is punishable under   Subdivision (1)(B) ; or                 (3)     a felony of the third degree if the offense is   committed by an actor who is committed to a civil commitment   facility, against:                       (A)     a person the actor knows is an officer or   employee of the Texas Civil Commitment Office:                             (i)     while the officer or employee is   lawfully discharging an official duty; or                             (ii)     in retaliation for or on account of an   exercise of official power or performance of an official duty by the   officer or employee; or                       (B)     a person the actor knows is contracting with   the state to perform a service in a civil commitment facility or an   employee of that person:                             (i)     while the person or employee is engaged   in performing a service within the scope of the contract; or                             (ii)     in retaliation for or on account of the   person's or employee's performance of a service within the scope of   the contract .          SECTION 5.  Section 22.02, Penal Code, is amended by   amending Subsection (b) and adding Subsection (c-1) to read as   follows:          (b)  An offense under this section is a felony of the second   degree, except that the offense is a felony of the first degree if:                (1)  the actor uses a deadly weapon during the   commission of the assault and causes:                      (A)  serious bodily injury to a person whose   relationship to or association with the defendant is described by   Section 71.0021(b), 71.003, or 71.005, Family Code; or                      (B)  a traumatic brain or spine injury to another   that results in a persistent vegetative state or irreversible   paralysis;                (2)  regardless of whether the offense is committed   under Subsection (a)(1) or (a)(2), the offense is committed:                      (A)  by a public servant acting under color of the   servant's office or employment;                      (B)  against a person the actor knows is a public   servant while the public servant is lawfully discharging an   official duty, or in retaliation or on account of an exercise of   official power or performance of an official duty as a public   servant;                      (C)  in retaliation against or on account of the   service of another as a witness, prospective witness, informant, or   person who has reported the occurrence of a crime;                      (D)  against a person the actor knows is a process   server while the person is performing a duty as a process server;   [ or ]                      (E)  against a person the actor knows is a   security officer while the officer is performing a duty as a   security officer; or                       (F)     by an actor who is committed to a civil   commitment facility, against:                             (i)     a person the actor knows is an officer   or employee of the Texas Civil Commitment Office:                                   (a)     while the officer or employee is   lawfully discharging an official duty; or                                   (b)     in retaliation for or on account   of an exercise of official power or performance of an official duty   by the officer or employee; or                             (ii)     a person the actor knows is   contracting with the state to perform a service in a civil   commitment facility or an employee of that person:                                   (a)     while the person or employee is   engaged in performing a service within the scope of the contract; or                                   (b)     in retaliation for or on account   of the person's or employee's performance of a service within the   scope of the contract;                (3)  the actor is in a motor vehicle, as defined by   Section 501.002, Transportation Code, and:                      (A)  knowingly discharges a firearm at or in the   direction of a habitation, building, or vehicle;                      (B)  is reckless as to whether the habitation,   building, or vehicle is occupied; and                      (C)  in discharging the firearm, causes serious   bodily injury to any person; or                (4)  the actor commits the assault as part of a mass   shooting.           (c-1)     The actor is presumed to have known the person   assaulted was a person described by Subsection (b)(2)(F)(i) or   (ii), as applicable, if the person was wearing a distinctive   uniform or badge indicating the person's status as an officer or   employee of the Texas Civil Commitment Office or a contractor or   employee of a contractor performing a service in a civil commitment   facility.          SECTION 6.  Section 22.11, Penal Code, is amended by   amending Subsection (a) and adding Subsections (f) and (g) to read   as follows:          (a)  A person commits an offense if, with the intent to   assault, harass, annoy, [ or ] alarm, abuse, torment, or embarrass   the person:                (1)  while imprisoned or confined in a correctional or   detention [Text truncated for display. Full text available on LegiScan.]