Texas 2009 - 81st Regular

Texas House Bill HB4009 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4009
2	2
3	3
4	4	AN ACT
5	5	relating to the provision of services to certain persons involved
6	6	in, and the prosecution, punishment, and prevention of, offenses
7	7	involving trafficking of persons or certain forced or sex-based
8	8	labor or services, and to law enforcement training related to
9	9	offenses involving that trafficking.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 402, Government Code, is
12	12	amended by adding Section 402.035 to read as follows:
13	13	Sec. 402.035. HUMAN TRAFFICKING PREVENTION TASK FORCE.
14	14	(a) In this section, "task force" means the human trafficking
15	15	prevention task force.
16	16	(b) The office of the attorney general shall establish the
17	17	human trafficking prevention task force to develop policies and
18	18	procedures to assist in the prevention and prosecution of human
19	19	trafficking crimes.
20	20	(c) The task force is composed of the following:
21	21	(1) the governor or the governor's designee;
22	22	(2) the attorney general or the attorney general's
23	23	designee;
24	24	(3) the executive commissioner of the Health and Human
25	25	Services Commission or the executive commissioner's designee;
26	26	(4) the commissioner of the Department of Family and
27	27	Protective Services or the commissioner's designee;
28	28	(5) the public safety director of the Department of
29	29	Public Safety or the director's designee;
30	30	(6) one representative from each of the following
31	31	state agencies, appointed by the chief administrative officer of
32	32	the respective agency:
33	33	(A) the Texas Workforce Commission;
34	34	(B) the Texas Department of Criminal Justice;
35	35	(C) the Texas Youth Commission;
36	36	(D) the Texas Juvenile Probation Commission; and
37	37	(E) the Texas Alcoholic Beverage Commission; and
38	38	(7) as appointed by the attorney general:
39	39	(A) a public defender, as defined by Article
40	40	26.044, Code of Criminal Procedure;
41	41	(B) an attorney representing the state;
42	42	(C) a representative of:
43	43	(i) a hotel and motel association;
44	44	(ii) a district and county attorneys
45	45	association; and
46	46	(iii) a state police association;
47	47	(D) representatives of sheriff's departments;
48	48	(E) representatives of local law enforcement
49	49	agencies affected by human trafficking; and
50	50	(F) representatives of nongovernmental entities
51	51	making comprehensive efforts to combat human trafficking by:
52	52	(i) identifying human trafficking victims;
53	53	(ii) providing legal or other services to
54	54	human trafficking victims;
55	55	(iii) participating in community outreach
56	56	or public awareness efforts regarding human trafficking;
57	57	(iv) providing or developing training
58	58	regarding the prevention of human trafficking; or
59	59	(v) engaging in other activities designed
60	60	to prevent human trafficking.
61	61	(d) The task force shall:
62	62	(1) collaborate, as needed to fulfill the duties of
63	63	the task force, with:
64	64	(A) United States attorneys for the districts of
65	65	Texas; and
66	66	(B) special agents or customs and border
67	67	protection officers and border patrol agents of:
68	68	(i) the Federal Bureau of Investigation;
69	69	(ii) the United States Drug Enforcement
70	70	Administration;
71	71	(iii) the Bureau of Alcohol, Tobacco,
72	72	Firearms and Explosives;
73	73	(iv) the United States Immigration and
74	74	Customs Enforcement Agency; or
75	75	(v) the United States Department of
76	76	Homeland Security;
77	77	(2) collect, organize, and periodically publish
78	78	statistical data on the nature and extent of human trafficking in
79	79	this state;
80	80	(3) solicit cooperation and assistance from state and
81	81	local governmental agencies, political subdivisions of the state,
82	82	nongovernmental organizations, and other persons, as appropriate,
83	83	for the purpose of collecting and organizing statistical data under
84	84	Subdivision (2);
85	85	(4) ensure that each state or local governmental
86	86	agency and political subdivision of the state that assists in the
87	87	prevention of human trafficking collects statistical data related
88	88	to human trafficking, including, as appropriate:
89	89	(A) the number of investigations concerning,
90	90	arrests and prosecutions for, and convictions of:
91	91	(i) the offense of trafficking of persons;
92	92	and
93	93	(ii) the offense of forgery or an offense
94	94	under Chapter 43, Penal Code, if committed as part of a criminal
95	95	episode involving the trafficking of persons;
96	96	(B) demographic information on persons who are
97	97	convicted of offenses described by Paragraph (A) and persons who
98	98	are the victims of those offenses;
99	99	(C) geographic routes by which human trafficking
100	100	victims are trafficked and geographic patterns in human
101	101	trafficking, including the country or state of origin and the
102	102	country or state of destination;
103	103	(D) means of transportation and methods used by
104	104	persons who engage in trafficking to transport their victims; and
105	105	(E) social and economic factors that create a
106	106	demand for the labor or services that victims of human trafficking
107	107	are forced to provide;
108	108	(5) work with the Commission on Law Enforcement
109	109	Officer Standards and Education to develop and conduct training for
110	110	law enforcement personnel, victim service providers, and medical
111	111	service providers to identify victims of human trafficking;
112	112	(6) on the request of a judge of a county court, county
113	113	court at law, or district court or a county attorney, district
114	114	attorney, or criminal district attorney, assist and train the judge
115	115	or the judge's staff or the attorney or the attorney's staff in the
116	116	recognition and prevention of human trafficking;
117	117	(7) examine training protocols related to human
118	118	trafficking issues, as developed and implemented by federal, state,
119	119	and local law enforcement agencies;
120	120	(8) collaborate with state and local governmental
121	121	agencies, political subdivisions of the state, and nongovernmental
122	122	organizations to implement a media awareness campaign in
123	123	communities affected by human trafficking; and
124	124	(9) develop recommendations on how to strengthen state
125	125	and local efforts to prevent human trafficking, protect and assist
126	126	human trafficking victims, and prosecute human trafficking
127	127	offenders.
128	128	(e) The presiding officer of the task force is the attorney
129	129	general or the attorney general's designee.
130	130	(f) The office of the attorney general shall supervise the
131	131	administration of the task force. The attorney general shall
132	132	provide the necessary staff and facilities to assist the task force
133	133	in performing its duties.
134	134	(g) Not later than December 1 of each even-numbered year,
135	135	the task force shall submit a report regarding the task force's
136	136	activities, findings, and recommendations, including any proposed
137	137	legislation, to the governor, the lieutenant governor, and the
138	138	legislature.
139	139	(h) This section expires September 1, 2013.
140	140	SECTION 2. Chapter 531, Government Code, is amended by
141	141	adding Subchapter J-1 to read as follows:
142	142	SUBCHAPTER J-1. ASSISTANCE PROGRAM FOR DOMESTIC VICTIMS OF
143	143	TRAFFICKING
144	144	Sec. 531.381. DEFINITIONS. In this subchapter:
145	145	(1) "Domestic victim" means a victim of trafficking
146	146	who is a permanent legal resident or citizen of the United States.
147	147	(2) "Victim of trafficking" has the meaning assigned
148	148	by 22 U.S.C. Section 7102.
149	149	Sec. 531.382. VICTIM ASSISTANCE PROGRAM ESTABLISHED. The
150	150	commission shall develop and implement a program designed to assist
151	151	domestic victims, including victims who are children, in accessing
152	152	necessary services. The program must consist of at least the
153	153	following components:
154	154	(1) a searchable database of assistance programs for
155	155	domestic victims, including programs that provide mental health
156	156	services, other health services, services to meet victims' basic
157	157	needs, case management services, and any other services the
158	158	commission considers appropriate, that may be used to match victims
159	159	with appropriate resources;
160	160	(2) the grant program described by Section 531.383;
161	161	(3) recommended training programs for judges,
162	162	prosecutors, and law enforcement personnel; and
163	163	(4) an outreach initiative to ensure that victims,
164	164	judges, prosecutors, and law enforcement personnel are aware of the
165	165	availability of services through the program.
166	166	Sec. 531.383. GRANT PROGRAM. (a) Subject to available
167	167	funds, the commission shall establish a grant program to award
168	168	grants to public and nonprofit organizations that provide
169	169	assistance to domestic victims, including organizations that
170	170	provide public awareness activities, community outreach and
171	171	training, victim identification services, and legal services.
172	172	(b) To apply for a grant under this section, an applicant
173	173	must submit an application in the form and manner prescribed by the
174	174	commission. An applicant must describe in the application the
175	175	services the applicant intends to provide to domestic victims if
176	176	the grant is awarded.
177	177	(c) In awarding grants under this section, the commission
178	178	shall give preference to organizations that have experience in
179	179	successfully providing the types of services for which the grants
180	180	are awarded.
181	181	(d) A grant recipient shall provide reports as required by
182	182	the commission regarding the use of grant funds.
183	183	(e) Not later than December 1 of each even-numbered year,
184	184	the commission shall submit a report to the legislature summarizing
185	185	the activities, funding, and outcomes of programs awarded a grant
186	186	under this section and providing recommendations regarding the
187	187	grant program.
188	188	Sec. 531.384. TRAINING PROGRAMS. The commission, with
189	189	assistance from the Office of Court Administration of the Texas
190	190	Judicial System, the Department of Public Safety, and local law
191	191	enforcement agencies, shall create training programs designed to
192	192	increase the awareness of judges, prosecutors, and law enforcement
193	193	personnel of the needs of domestic victims, the availability of
194	194	services under this subchapter, the database of services described
195	195	by Section 531.382, and potential funding sources for those
196	196	services.
197	197	Sec. 531.385. FUNDING. (a) The commission may use
198	198	appropriated funds and may accept gifts, grants, and donations from
199	199	any sources for purposes of the victim assistance program
200	200	established under this subchapter.
201	201	(b) The commission shall conduct a study regarding
202	202	additional funding strategies for the victim assistance program.
203	203	In conducting the study, the commission, in cooperation with
204	204	appropriate governmental entities, shall identify appropriate
205	205	revenue streams, which may include revenue derived from:
206	206	(1) revenue streams similar to those used to fund
207	207	crime victims' compensation under Subchapter B, Chapter 56, Code of
208	208	Criminal Procedure;
209	209	(2) imposing additional court costs on defendants on
210	210	conviction of certain offenses;
211	211	(3) imposing additional fees on the filing of civil
212	212	cases;
213	213	(4) acquiring from law enforcement agencies the
214	214	proceeds from assets seized or forfeited under state or federal
215	215	law; and
216	216	(5) any other source identified by the commission.
217	217	(c) The commission shall submit a report regarding the
218	218	results of the study conducted under Subsection (b) to the 82nd
219	219	Legislature not later than December 1, 2010. The report must
220	220	include the commission's findings regarding appropriate revenue
221	221	streams for the victim assistance program, proposed legislation
222	222	necessary to receive the revenue for that purpose, and proposed
223	223	legislation regarding the establishment of a dedicated account to
224	224	which the revenue may be credited.
225	225	(d) This subsection and Subsections (b) and (c) expire
226	226	January 1, 2011.
227	227	SECTION 3. Section 772.006, Government Code, is amended by
228	228	adding Subsections (d), (e), and (f) to read as follows:
229	229	(d) The trafficking of persons investigation and
230	230	prosecution account is created in the general revenue fund. The
231	231	account is composed of legislative appropriations and other money
232	232	required by law to be deposited in the account. Income from money
233	233	in the account shall be credited to the account. Sections 403.095
234	234	and 404.071 do not apply to the account.
235	235	(e) The legislature may appropriate money from the
236	236	trafficking of persons investigation and prosecution account
237	237	created under Subsection (d) only to the criminal justice division
238	238	for the purposes of this subsection. The division may use the
239	239	appropriated money solely to distribute grants to:
240	240	(1) counties that apply for the grants and that have
241	241	dedicated full-time or part-time personnel to identify, prevent,
242	242	investigate, or prosecute offenses under Chapter 20A, Penal Code;
243	243	and
244	244	(2) nongovernmental organizations that apply for the
245	245	grants and that provide comprehensive services in this state to
246	246	prevent the commission of offenses under Chapter 20A, Penal Code,
247	247	or to address the needs of victims of those offenses, including
248	248	public awareness activities, community outreach and training,
249	249	victim identification services, legal services, and other services
250	250	designed to assist victims.
251	251	(f) The total amount of grants that may be distributed to
252	252	counties and nongovernmental organizations from the trafficking of
253	253	persons investigation and prosecution account during each state
254	254	fiscal year may not exceed $10 million.
255	255	SECTION 4. Subchapter C, Chapter 141, Human Resources Code,
256	256	is amended by adding Section 141.056 to read as follows:
257	257	Sec. 141.056. STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
258	258	SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a) The
259	259	director shall establish a committee to evaluate alternatives to
260	260	the juvenile justice system, such as government programs,
261	261	faith-based programs, and programs offered by nonprofit
262	262	organizations, for children who are accused of engaging in acts of
263	263	prostitution.
264	264	(b) The director shall determine the size of the committee.
265	265	The committee must be composed of:
266	266	(1) members of the Texas Juvenile Probation
267	267	Commission, the Texas Youth Commission, and other relevant state
268	268	agencies as determined by the director;
269	269	(2) members of the legislature;
270	270	(3) members of nongovernmental organizations that
271	271	provide programs and services to combat and prevent trafficking of
272	272	persons as described by Section 20A.02, Penal Code, in this state,
273	273	including the following with respect to that trafficking:
274	274	(A) programs to promote public awareness;
275	275	(B) programs to identify and provide services to
276	276	victims;
277	277	(C) legal services; and
278	278	(D) community outreach and training programs;
279	279	and
280	280	(4) other juvenile justice experts.
281	281	(c) Not later than January 1, 2011, the committee shall
282	282	prepare and deliver to each member of the legislature a report that
283	283	includes the results of the study and recommendations for
284	284	alternatives to the juvenile justice system for children who are
285	285	accused of engaging in acts of prostitution.
286	286	(d) This section expires June 1, 2011.
287	287	SECTION 5. Subchapter F, Chapter 1701, Occupations Code, is
288	288	amended by adding Section 1701.258 to read as follows:
289	289	Sec. 1701.258. EDUCATION AND TRAINING PROGRAMS ON
290	290	TRAFFICKING OF PERSONS. (a) The commission by rule shall require
291	291	an officer first licensed by the commission on or after January 1,
292	292	2011, to complete within a reasonable time after obtaining the
293	293	license a one-time basic education and training program on the
294	294	trafficking of persons. The program must:
295	295	(1) consist of at least four hours of training; and
296	296	(2) include a review of the substance of Sections
297	297	20A.02 and 43.05, Penal Code.
298	298	(b) The commission shall make available to each officer a
299	299	voluntary advanced education, instruction, and training program on
300	300	the trafficking of persons and compelling prostitution prohibited
301	301	under Sections 20A.02 and 43.05, Penal Code.
302	302	(c) Not later than January 1, 2011, the commission shall
303	303	begin offering the basic and advanced programs established under
304	304	this section. This subsection expires September 1, 2011.
305	305	SECTION 6. Section 1701.402, Occupations Code, is amended
306	306	by adding Subsection (h) to read as follows:
307	307	(h) As a requirement for an intermediate or advanced
308	308	proficiency certificate issued by the commission on or after
309	309	January 1, 2011, an officer must complete the basic education and
310	310	training program on the trafficking of persons described by Section
311	311	1701.258(a).
312	312	SECTION 7. Subsections (a) and (b), Section 20A.02, Penal
313	313	Code, are amended to read as follows:
314	314	(a) A person commits an offense if the person knowingly:
315	315	(1) [knowingly] traffics another person with the
316	316	intent or knowledge that the trafficked person will engage
317	317	in forced labor or services; or
318	318	(2) [intentionally or knowingly] benefits from
319	319	participating in a venture that involves an activity described by
320	320	Subdivision (1), including by receiving labor or services the
321	321	person knows are forced labor or services.
322	322	(b) Except as otherwise provided by this subsection, an
323	323	offense under this section is a felony of the second degree. An
324	324	offense under this section is a felony of the first degree if:
325	325	(1) the applicable conduct constitutes an offense
326	326	under Section 43.05 or 43.25 [43.02] and the person who is
327	327	trafficked is a child younger than 18 years of age at the time of the
328	328	offense, regardless of whether the actor knows the age of the child
329	329	at the time the actor commits the offense; or
330	330	(2) the commission of the offense results in the death
331	331	of the person who is trafficked.
332	332	SECTION 8. Section 43.02, Penal Code, is amended by adding
333	333	Subsection (d) to read as follows:
334	334	(d) It is a defense to prosecution under this section that
335	335	the actor engaged in the conduct that constitutes the offense
336	336	because the actor was the victim of conduct that constitutes an
337	337	offense under Section 20A.02.
338	338	SECTION 9. Subsection (a), Section 43.05, Penal Code, is
339	339	amended to read as follows:
340	340	(a) A person commits an offense if the person [he]
341	341	knowingly:
342	342	(1) causes another by force, threat, or fraud to
343	343	commit prostitution; or
344	344	(2) causes by any means a child [person] younger than
345	345	18 [17] years to commit prostitution, regardless of whether the
346	346	actor knows the age of the child at the time the actor commits the
347	347	offense.
348	348	SECTION 10. (a) Not later than December 1, 2009, the
349	349	office of the attorney general shall establish the human
350	350	trafficking prevention task force as required by Section 402.035,
351	351	Government Code, as added by this Act.
352	352	(b) Not later than October 1, 2009, the executive director
353	353	of the Texas Juvenile Probation Commission shall establish a
354	354	committee to evaluate alternatives to the juvenile justice system
355	355	for children who are accused of engaging in acts of prostitution, as
356	356	required by Section 141.056, Human Resources Code, as added by this
357	357	Act.
358	358	(c) Not later than December 1, 2010, the Commission on Law
359	359	Enforcement Officer Standards and Education shall adopt the rules
360	360	necessary to implement Section 1701.258, Occupations Code, as added
361	361	by this Act.
362	362	(d) The changes in law made by this Act to Sections 20A.02,
363	363	43.02, and 43.05, Penal Code, apply only to an offense committed on
364	364	or after the effective date of this Act. An offense committed
365	365	before the effective date of this Act is covered by the law in
366	366	effect when the offense was committed, and the former law is
367	367	continued in effect for that purpose. For purposes of this section,
368	368	an offense was committed before the effective date of this Act if
369	369	any element of the offense was committed before that date.
370	370	SECTION 11. This Act does not make an appropriation. A
371	371	provision in this Act that creates a new governmental program,
372	372	creates a new entitlement, or imposes a new duty on a governmental
373	373	entity is not mandatory during a fiscal period for which the
374	374	legislature has not made a specific appropriation to implement the
375	375	provision.
376	376	SECTION 12. This Act takes effect September 1, 2009.
377	377	______________________________ ______________________________
378	378	President of the Senate Speaker of the House
379	379	I certify that H.B. No. 4009 was passed by the House on May
380	380	14, 2009, by the following vote: Yeas 133, Nays 0, 1 present, not
381	381	voting; that the House refused to concur in Senate amendments to
382	382	H.B. No. 4009 on May 29, 2009, and requested the appointment of a
383	383	conference committee to consider the differences between the two
384	384	houses; and that the House adopted the conference committee report
385	385	on H.B. No. 4009 on May 31, 2009, by the following vote: Yeas 143,
386	386	Nays 0, 1 present, not voting.
387	387	______________________________
388	388	Chief Clerk of the House
389	389	I certify that H.B. No. 4009 was passed by the Senate, with
390	390	amendments, on May 23, 2009, by the following vote: Yeas 31, Nays
391	391	0; at the request of the House, the Senate appointed a conference
392	392	committee to consider the differences between the two houses; and
393	393	that the Senate adopted the conference committee report on H.B. No.
394	394	4009 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
395	395	______________________________
396	396	Secretary of the Senate
397	397	APPROVED: __________________
398	398	Date
399	399	__________________
400	400	Governor