Highlights of the 79th Texas Legislature - Senate

CRIMINAL JUSTICE/SEX OFFENDERS
Requires the council, after filing the report, to work with the Legislative Budget Board to study the recidivism of sex
offenders treated under the pilot program, including a study comparing the various dynamic risk assessment tools
and protocols.
Provides that a person who holds a registration issued under Chapter 110, Occupations Code, on the effective date
of this Act is considered to hold a license under Chapter 110, Occupations Code, as amended by this Act. Provides
that all provisions of Chapter 110, Occupations Code, including renewal requirements, apply to the person as if the
person was issued a license under that chapter.
Creation of the Offense of Online Sexual Solicitation of a Minor─H.B. 2228
By Representative McCall et al.—Senate Sponsor: Senator Ellis
Individuals who arrange a meeting over the Internet with a minor for the purposes of sexual activity must first
physically appear at the meeting place in order to be charged with a crime, making prosecution of sexual predators
difficult. This bill:
Provides that a person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the
sexual desire of any person, the person, over the Internet or by electronic mail or a commercial online service,
intentionally communicates in a sexually explicit manner with a minor; or distributes sexually explicit material to a
minor.
Provides that a person commits an offense if the person, over the Internet or by electronic mail or a commercial
online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor
will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.
Establishes that it is not a defense to prosecution that the meeting did not occur, the actor did not intend for the
meeting to occur, or the actor was engaged in a fantasy at the time of commission of the offense.
Provides that it is a defense to prosecution that at the time the conduct was committed the actor was married to the
minor; or the actor was not more than three years older than the minor and the minor consented to the conduct.
Provides that an offense under this Act may be a state jail felony, a felony of the third degree, or a felony of the
second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger
than 14 years of age.
Authorizes the actor, for conduct that constitutes an offense under this Act that also constitutes an offense under any
other law, to be prosecuted under this Act, the other law, or both.
Defines "reportable conviction or adjudication" to include a conviction or adjudication, regardless of the pendency of
an appeal, for certain specified offenses including, among others, indecency with a child, sexual assault, aggravated
sexual assault, prohibited sexual conduct, compelling prostitution, sexual performance by a child, or possession or
promotion of child pornography.
Civil Commitment of Sexually Violent Predators─S.B. 912
By Senator Shapiro—House Sponsor: Representative Ray Allen et al.
Current law allows for the civil commitment of sexually violent predators, but restricted application of the law to a few
enumerated offenses has limited its effectiveness by failing to take into consideration sexually violent predators who
42 HIGHLIGHTS - 79 TH TEXAS LEGISLATURE