H.B. No. 1391 aims to strengthen the prosecution and punishment of trafficking and sexual offenses in Texas by increasing penalties and modifying parole eligibility. The bill amends the Penal Code to elevate certain offenses from a second-degree felony to a capital felony under specific circumstances, such as when the victim is a child or when serious bodily injury or death occurs during the offense. It introduces harsher penalties for offenses involving victims aged 14 to 17 and those under 14, regardless of the offender's knowledge of the victim's age. Additionally, the bill mandates public schools to post warnings about the increased penalties for trafficking offenses, enhancing awareness of the severity of these crimes.
The bill also revises parole eligibility criteria for inmates convicted of these offenses, ensuring stricter conditions for those convicted of capital felonies or serious offenses. It establishes that defendants convicted of a sexually violent offense after their 18th birthday will face life imprisonment without parole if they have prior convictions for similar offenses. The bill removes references to specific offenses under Section 20A.03 and repeals several provisions from the Code of Criminal Procedure and the Government Code. These changes will take effect on September 1, 2025, applying only to offenses committed on or after that date.
Statutes affected: Introduced: Penal Code 21.02, Penal Code 43.03, Penal Code 43.031, Penal Code 43.041, Penal Code 43.05, Penal Code 43.23, Penal Code 43.25, Education Code 37.086, Government Code 508.145, Government Code 51.03, Penal Code 71.02 (Penal Code 43, Education Code 37, Government Code 51, Penal Code 71, Government Code 508, Penal Code 21)