HB 186 — The criminal consequences

90R3880 MEW-D By: Leach H.B. No. 186 relating to the criminal consequences for the offense of improper relationship between educator and student, including increasing the minimum term of imprisonment, changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole, and requiring sex offender registration for that offense.

SECTION 1. Article 42A.102(b), Code of Criminal Procedure, is amended to read as follows: (b) In all other cases, the judge may grant deferred adjudication community supervision unless: (1) the defendant is charged with an offense: (A) under Section 20A.02, 20A.03, 49.045, 49.05, 49.061, 49.065, 49.07, or 49.08, Penal Code; (B) under Section 49.04 or 49.06, Penal Code, and, at the time of the offense: (i) the defendant held a commercial driver's license or a commercial learner's permit; or (ii) the defendant's alcohol concentration, as defined by Section 49.01, Penal Code, was 0.15 or more; (C) for which punishment may be increased under Section 49.09, Penal Code; (D) for which punishment may be 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; or (E) under Section 481.1123, Health and Safety Code, that is punishable under Subsection (d), (e), or (f) of that section; (2) the defendant: (A) is charged with an offense under Section 21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of the age of the victim, or a felony described by Article 42A.453(b), other than a felony described by Subdivision (1)(A) or (3)(B) of this subsection; and (B) has previously been placed on community supervision for an offense under Paragraph (A); (3) the defendant is charged with an offense under: (A) Section 21.02, Penal Code; (B) Section 21.03, Penal Code; (C) Section 21.12, Penal Code; or (D) [ (C) ] Section 22.021, Penal Code, that is punishable under Subsection (f) of that section or under Section 12.42(c)(3) or (4), Penal Code; or (4) the defendant is charged with an offense under Section 19.02, Penal Code, except that the judge may grant deferred adjudication community supervision on determining that the defendant did not cause the death of the deceased, did not intend to kill the deceased or another, and did not anticipate that a human life would be taken.

SECTION 2. Subchapter K, Chapter 42A, Code of Criminal Procedure, is amended by adding Article 42A.518 to read as follows: Art. 42A.518. COMMUNITY SUPERVISION FOR IMPROPER RELATIONSHIP BETWEEN EDUCATOR AND STUDENT OFFENSE. A court granting community supervision to a defendant convicted of an offense under Section 21.12, Penal Code, shall require as a term of community supervision that the defendant serve a term of imprisonment in the Texas Department of Criminal Justice of not less than 10 years.

SECTION 3. Article 62.001(5), Code of Criminal Procedure, as amended by Chapters 123 (H.B. 2000), 248 (H.B. 1465), 557 (H.B. 1422), and 1145 (S.B. 1610), Acts of the 89th Legislature, Regular Session, 2025, is reenacted and amended to read as follows: (5) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on: (A) a violation of Section 21.02 (Continuous sexual abuse of young child or disabled individual), 21.03 (Continuous sexual abuse), 21.09 (Bestiality), 21.11 (Indecency with a child), 21.12 (Improper relationship between educator and student), 21.15 (Invasive visual recording), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code; (B) a violation of Section 43.04 (Aggravated promotion of prostitution), 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code; (B-1) a violation of Section 43.021 (Solicitation of Prostitution), Penal Code, if the offense is punishable as a felony of the second degree; (C) a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the actor committed the offense or engaged in the conduct with intent to violate or abuse the victim sexually; (D) a violation of Section 30.02 (Burglary), Penal Code, if the offense or conduct is punishable under Subsection (d) of that section and the actor committed the offense or engaged in the conduct with intent to commit a felony listed in Paragraph (A) or (C); (E) a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if, as applicable: (i) the judgment in the case contains an affirmative finding under Article 42.015; or (ii) the order in the hearing or the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age; (F) the second violation of Section 21.08 (Indecent exposure), Penal Code, but not if the second violation results in a deferred adjudication; (G) an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense or engage in conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L); (H) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), (G), (J), (K), (L), or (M), but not if the violation results in a deferred adjudication; (I) the second violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure, but not if the second violation results in a deferred adjudication; (J) a violation of Section 33.021 (Online solicitation of a minor), Penal Code; (K) a violation of Section 20A.02(a)(3), (4), (7), or (8) (Trafficking of persons), Penal Code; (L) a violation of Section 20A.03 (Continuous trafficking of persons), Penal Code, if the offense is based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8) of that code; [ or ] (M) a violation of Section 15.032 (Child grooming), Penal Code ; or (N) [ (M) ] a violation of any law of this state for which the person has been civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code.

SECTION 4. Section 508.145(e-1), Government Code, is amended to read as follows: (e-1) An inmate serving a sentence for an offense under Section 21.12, Penal Code, or an offense punishable under Section 49.09(b-2)(2), Penal Code, is not eligible for release on parole until the actual calendar time served, without consideration of good conduct time, equals 10 years.

SECTION 5. Section 508.147(a-1), Government Code, is amended to read as follows: (a-1) An inmate serving a sentence for an offense under Section 21.12, Penal Code, or punishable under Section 49.09(b-2)(2), Penal Code, may not be released to mandatory supervision unless: (1) the inmate's actual calendar time served, without consideration of good conduct time, equals at least 10 years; and (2) the inmate is otherwise eligible for release under Subsection (a).

SECTION 6. Section 21.12(b), Penal Code, is amended to read as follows: (b) An offense under this section is a felony of the second degree with a minimum term of imprisonment of 10 years .

SECTION 7. 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 8. To the extent of any conflict, this Act prevails over another Act of the 90th Legislature, Regular Session, 2027, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 9. This Act takes effect September 1, 2027.