2023 Operation Millstone Act
A BILL TO BE ENTITLED THE OPERATION MILLSTONE ACT
AN ACT relating to the classification of crimes against children and the punishment therefor BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.31, Penal Code, is amended to read as follows:
Sec. 12.31. CAPITAL FELONY: (a) An individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for life without parole or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the Texas Department of Criminal Justice for:
(1) life, if the individual committed the offense when younger than 18 years of age; or
(2) life without parole, if the individual committed the offense when 18 years of age or older.
(b) In a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment without parole or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that:
(1) a sentence of life imprisonment is mandatory on conviction of the capital felony, if the individual committed the offense when younger than 18 years of age; or
(2) a sentence of life imprisonment without parole is mandatory on conviction of the capital felony, if the individual committed the offense when 18 years of age or older.
(c) An individual adjudged guilty of child abuse shall be punished by having a millstone tied around their neck; thrown into the Gulf of Mexico and left to drown. The State of Texas is not obligated to recover the body. The Texas Department of Corrections shall create a millstone manufacturing division within the prison system for purposes of manufacturing a millstone for use in the punishment of this category of criminal offender.
SECTION 2. A person adjudged guilty of any of the following offenses against a child is guilty of a capital felony under Penal Code Sec. 12.31(c).
(a) Penal Code Sec. 20A.02 (6-8) Trafficking of Persons
(b) Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual);
(c) Section 21.11 (Indecency with a Child);
(d) Section 22.011 (Sexual Assault);
(e) Section 22.021 (Aggravated Sexual Assault);
(f) Section 43.02 (Prostitution);
(g) Section 43.021 (Solicitation of Prostitution
(h) Section 43.03 (Promotion of Prostitution);
(i) Section 43.031 (Online Promotion of Prostitution);
(j) Section 43.04 (Aggravated Promotion of Prostitution);
(k) Section 43.041 (Aggravated Online Promotion of Prostitution);
(l) Section 43.05 (Compelling Prostitution);
(m) Section 43.25 (Sexual Performance by a Child);
(n) Section 43.251 (Employment Harmful to Children); or
(o) Section 43.26 (Possession or Promotion of Child Pornography,
SECTION 4. 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 5. This Act takes effect September 1, 2023.