Relating to creating the offense of continuous trafficking of persons; providing a penalty and other civil consequences.
Impact
If enacted, SB1436 will subject individuals convicted of continuous trafficking of persons to heavy penalties, including first-degree felony charges that could lead to imprisonment for life or a term ranging from 25 to 99 years. The provision that allows juries to conclude that a defendant has engaged in trafficking conduct without needing a unanimous agreement on specific incidents or dates could potentially simplify prosecutions and enhance conviction rates, thereby emphasizing the seriousness of the crime.
Summary
SB1436 introduces a new offense termed 'continuous trafficking of persons’ under Section 20A.03 of the Texas Penal Code. The bill delineates that a person commits this offense if, over a span of 30 or more days, they engage in two or more acts that qualify as trafficking under existing laws. This legislative move aims to target and strengthen the state’s fight against human trafficking by addressing the persistent nature of the crime, enabling law enforcement to prosecute serial offenders more effectively.
Contention
Notable points of contention surrounding SB1436 may arise primarily from the perceived implications for the legal system concerning due process and the rights of the accused. The provision permitting non-unanimous jury decisions on specifics could be seen as eroding traditional jury standards, leading to debates about fair trial rights. Additionally, questions about the adequacy of current support mechanisms for victims of trafficking may be raised, urging the state to provide comprehensive support beyond punitive measures.
Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of compelling prostitution.
Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.
Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.