78th Texas Legislature, Regular Session, House Bill 236, Chapter 1005 Page: 3 of 12
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H.B. No. 236
1 by Subparagraph (i) or (ii) or a felony under Section 21.11 or
2 22.011, Penal Code; and
3 (B) the defendant has been previously convicted
4 of an offense:
5 (i) under Section 43.25 or 43.26, Penal
6 Code, or an offense under Section 43.23, Penal Code, punishable
7 under Subsection (i) of that section;
8 (ii) under Section 21.11, 22.011, 22.021,
9 or 25.02, Penal Code;
10 (iii) under Section 20.04(a)(4), Penal
11 Code, if the defendant committed the offense with the intent to
12 violate or abuse the victim sexually;
13 (iv) under Section 30.02, Penal Code,
14 punishable under Subsection (d) of that section, if the defendant
15 committed the offense with the intent to commit a felony described
16 by Subparagraph (ii) or (iii); or
17 (v) under the laws of another state
18 containing elements that are substantially similar to the elements
19 of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
20 SECTION 3. Section 25.08(c), Penal Code, is amended to read
21 as follows:
22 (c) An offense under this section is a felony of the third
23 degree, except that the offense is a felony of the second degree if
24 the actor commits the offense with intent to commit an offense under
25 Section 43.25.
26 SECTION 4. Sections 43.25(a)(2) and (7), Penal Code, are
27 amended to read as follows:3
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Texas. Legislature. House of Representatives. 78th Texas Legislature, Regular Session, House Bill 236, Chapter 1005, legislative document, June 20, 2003; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth158433/m1/3/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.