Texas 2009 - 81st Regular

Texas House Bill HB639 Compare Versions

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Old	New	Differences
1	1	81R9434 GCB-D
2	2	By: Thompson, Anchia, Burnam, Naishtat, H.B. No. 639
3	3	Christian, et al.
4	4	Substitute the following for H.B. No. 639:
5	5	By: Alonzo C.S.H.B. No. 639
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the prosecution, punishment, and prevention of offenses
11	11	involving trafficking of persons or certain forced or sex-based
12	12	labor or services, law enforcement training relating to the
13	13	trafficking of persons, and the creation of the trafficking of
14	14	persons investigation and prosecution account in the general
15	15	revenue fund.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Subchapter B, Chapter 402, Government Code, is
18	18	amended by adding Section 402.035 to read as follows:
19	19	Sec. 402.035. HUMAN TRAFFICKING PREVENTION TASK FORCE. (a)
20	20	In this section, "task force" means the human trafficking
21	21	prevention task force.
22	22	(b) The office of the attorney general shall establish the
23	23	human trafficking prevention task force to develop policies and
24	24	procedures to assist in the prevention and prosecution of human
25	25	trafficking crimes.
26	26	(c) The task force is composed of the following:
27	27	(1) the governor or the governor's designee;
28	28	(2) the attorney general or the attorney general's
29	29	designee;
30	30	(3) the executive commissioner of the Health and Human
31	31	Services Commission or the executive commissioner's designee;
32	32	(4) the commissioner of the Department of Family and
33	33	Protective Services or the commissioner's designee;
34	34	(5) the public safety director of the Department of
35	35	Public Safety or the director's designee;
36	36	(6) one representative from each of the following
37	37	state agencies, appointed by the chief administrative officer of
38	38	the respective agency:
39	39	(A) the Texas Workforce Commission;
40	40	(B) the Texas Department of Criminal Justice;
41	41	(C) the Texas Youth Commission;
42	42	(D) the Texas Juvenile Probation Commission; and
43	43	(E) the Texas Alcoholic Beverage Commission; and
44	44	(7) as appointed by the attorney general:
45	45	(A) a public defender, as defined by Article
46	46	26.044, Code of Criminal Procedure;
47	47	(B) an attorney representing the state;
48	48	(C) a representative of:
49	49	(i) a hotel and motel association;
50	50	(ii) a district and county attorneys
51	51	association; and
52	52	(iii) a state police association;
53	53	(D) representatives of sheriff's departments;
54	54	(E) representatives of local law enforcement
55	55	agencies affected by human trafficking; and
56	56	(F) representatives of nongovernmental entities
57	57	making comprehensive efforts to combat human trafficking by:
58	58	(i) identifying human trafficking victims;
59	59	(ii) providing legal or other services to
60	60	human trafficking victims;
61	61	(iii) participating in community outreach
62	62	or public awareness efforts regarding human trafficking;
63	63	(iv) providing or developing training
64	64	regarding the prevention of human trafficking; or
65	65	(v) engaging in other activities designed
66	66	to prevent human trafficking.
67	67	(d) The task force shall:
68	68	(1) collaborate, as needed to fulfill the duties of
69	69	the task force, with:
70	70	(A) United States attorneys for the districts of
71	71	Texas; and
72	72	(B) special agents or customs and border
73	73	protection officers and border patrol agents of:
74	74	(i) the Federal Bureau of Investigation;
75	75	(ii) the United States Drug Enforcement
76	76	Administration;
77	77	(iii) the Bureau of Alcohol, Tobacco,
78	78	Firearms and Explosives;
79	79	(iv) the United States Immigration and
80	80	Customs Enforcement Agency; or
81	81	(v) the United States Department of
82	82	Homeland Security;
83	83	(2) collect, organize, and periodically publish
84	84	statistical data on the nature and extent of human trafficking in
85	85	this state;
86	86	(3) solicit cooperation and assistance from state and
87	87	local governmental agencies, political subdivisions of the state,
88	88	nongovernmental organizations, and other persons, as appropriate,
89	89	for the purpose of collecting and organizing statistical data under
90	90	Subdivision (2);
91	91	(4) ensure that each state or local governmental
92	92	agency and political subdivision of the state that assists in the
93	93	prevention of human trafficking collects statistical data related
94	94	to human trafficking, including, as appropriate:
95	95	(A) the number of investigations concerning,
96	96	arrests and prosecutions for, and convictions of:
97	97	(i) the offense of trafficking of persons;
98	98	and
99	99	(ii) the offense of forgery or an offense
100	100	under Chapter 43, Penal Code, if committed as part of a criminal
101	101	episode involving the trafficking of persons;
102	102	(B) demographic information on persons who are
103	103	convicted of offenses described by Paragraph (A) and persons who
104	104	are the victims of those offenses;
105	105	(C) geographic routes by which human trafficking
106	106	victims are trafficked and geographic patterns in human
107	107	trafficking, including the country or state of origin and the
108	108	country or state of destination;
109	109	(D) means of transportation and methods used by
110	110	persons who engage in trafficking to transport their victims; and
111	111	(E) social and economic factors that create a
112	112	demand for the labor or services that victims of human trafficking
113	113	are forced to provide;
114	114	(5) work with the Commission on Law Enforcement
115	115	Officer Standards and Education to develop and conduct training for
116	116	law enforcement personnel, victim service providers, and medical
117	117	service providers to identify victims of human trafficking;
118	118	(6) on the request of a judge of a county court, county
119	119	court at law, or district court or a county attorney, district
120	120	attorney, or criminal district attorney, assist and train the judge
121	121	or the judge's staff or the attorney or the attorney's staff in the
122	122	recognition and prevention of human trafficking;
123	123	(7) examine training protocols related to human
124	124	trafficking issues, as developed and implemented by federal, state,
125	125	and local law enforcement agencies;
126	126	(8) collaborate with state and local governmental
127	127	agencies, political subdivisions of the state, and nongovernmental
128	128	organizations to implement a media awareness campaign in
129	129	communities affected by human trafficking; and
130	130	(9) develop recommendations on how to strengthen state
131	131	and local efforts to prevent human trafficking, protect and assist
132	132	human trafficking victims, and prosecute human trafficking
133	133	offenders.
134	134	(e) The presiding officer of the task force is the attorney
135	135	general or the attorney general's designee.
136	136	(f) The office of the attorney general shall supervise the
137	137	administration of the task force. The attorney general shall
138	138	provide the necessary staff and facilities to assist the task force
139	139	in performing its duties.
140	140	(g) Not later than December 1 of each even-numbered year,
141	141	the task force shall submit a report regarding the task force's
142	142	activities, findings, and recommendations, including any proposed
143	143	legislation, to the governor, the lieutenant governor, and the
144	144	legislature.
145	145	(h) This section expires September 1, 2013.
146	146	SECTION 2. Section 772.006, Government Code, is amended by
147	147	adding Subsections (d), (e), and (f) to read as follows:
148	148	(d) The trafficking of persons investigation and
149	149	prosecution account is created in the general revenue fund. The
150	150	account is composed of legislative appropriations and other money
151	151	required by law to be deposited in the account. Income from money
152	152	in the account shall be credited to the account. Sections 403.095
153	153	and 404.071 do not apply to the account.
154	154	(e) The legislature may appropriate money from the
155	155	trafficking of persons investigation and prosecution account
156	156	created under Subsection (d) only to the criminal justice division
157	157	for the purposes of this subsection. The division may use the
158	158	appropriated money solely to distribute grants to:
159	159	(1) counties that apply for the grants and that have
160	160	dedicated full-time or part-time personnel to identify, prevent,
161	161	investigate, or prosecute offenses under Chapter 20A, Penal Code;
162	162	and
163	163	(2) nongovernmental organizations that apply for the
164	164	grants and that provide comprehensive services in this state to
165	165	prevent the commission of offenses under Chapter 20A, Penal Code,
166	166	or to address the needs of victims of those offenses, including
167	167	public awareness activities, community outreach and training,
168	168	victim identification services, legal services, and other services
169	169	designed to assist victims.
170	170	(f) The total amount of grants that may be distributed to
171	171	counties and nongovernmental organizations from the trafficking of
172	172	persons investigation and prosecution account during each state
173	173	fiscal year may not exceed $10 million.
174	174	SECTION 3. Subchapter C, Chapter 141, Human Resources Code,
175	175	is amended by adding Section 141.056 to read as follows:
176	176	Sec. 141.056. STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
177	177	SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a) The
178	178	director shall establish a committee to evaluate alternatives to
179	179	the juvenile justice system, such as government programs,
180	180	faith-based programs, and programs offered by nonprofit
181	181	organizations, for children who are accused of engaging in acts of
182	182	prostitution.
183	183	(b) The director shall determine the size of the committee.
184	184	The committee must be composed of:
185	185	(1) members of the Texas Juvenile Probation
186	186	Commission, the Texas Youth Commission, and other relevant state
187	187	agencies as determined by the director;
188	188	(2) members of the legislature;
189	189	(3) members of nongovernmental organizations that
190	190	provide programs and services to combat and prevent trafficking of
191	191	persons as described by Section 20A.02, Penal Code, in this state,
192	192	including the following with respect to that trafficking:
193	193	(A) programs to promote public awareness;
194	194	(B) programs to identify and provide services to
195	195	victims;
196	196	(C) legal services; and
197	197	(D) community outreach and training programs;
198	198	and
199	199	(4) other juvenile justice experts.
200	200	(c) Not later than January 1, 2011, the committee shall
201	201	prepare and deliver to each member of the legislature a report that
202	202	includes the results of the study and recommendations for
203	203	alternatives to the juvenile justice system for children who are
204	204	accused of engaging in acts of prostitution.
205	205	(d) This section expires June 1, 2011.
206	206	SECTION 4. Subchapter F, Chapter 1701, Occupations Code, is
207	207	amended by adding Section 1701.258 to read as follows:
208	208	Sec. 1701.258. EDUCATION AND TRAINING PROGRAMS ON
209	209	TRAFFICKING OF PERSONS. (a) The commission by rule shall require an
210	210	officer first licensed by the commission on or after January 1,
211	211	2011, to complete within a reasonable time after obtaining the
212	212	license a one-time basic education and training program on the
213	213	trafficking of persons. The program must:
214	214	(1) consist of at least four hours of training; and
215	215	(2) include a review of the substance of Sections
216	216	20A.02 and 43.05, Penal Code.
217	217	(b) The commission shall make available to each officer a
218	218	voluntary advanced education, instruction, and training program on
219	219	the trafficking of persons and compelling prostitution prohibited
220	220	under Sections 20A.02 and 43.05, Penal Code.
221	221	(c) Not later than January 1, 2011, the commission shall
222	222	begin offering the basic and advanced programs established under
223	223	this section. This subsection expires September 1, 2011.
224	224	SECTION 5. Section 1701.402, Occupations Code, is amended
225	225	by adding Subsection (h) to read as follows:
226	226	(h) As a requirement for an intermediate or advanced
227	227	proficiency certificate issued by the commission on or after
228	228	January 1, 2011, an officer must complete the basic education and
229	229	training program on the trafficking of persons described by Section
230	230	1701.258(a).
231	231	SECTION 6. Sections 20A.02(a) and (b), Penal Code, are
232	232	amended to read as follows:
233	233	(a) A person commits an offense if the person knowingly:
234	234	(1) [knowingly] traffics another person with the
235	235	intent or knowledge that the trafficked person will engage
236	236	in forced labor or services; or
237	237	(2) [intentionally or knowingly] benefits from
238	238	participating in a venture that involves an activity described by
239	239	Subdivision (1), including by receiving labor or services the
240	240	person knows are forced labor or services.
241	241	(b) Except as otherwise provided by this subsection, an
242	242	offense under this section is a felony of the second degree. An
243	243	offense under this section is a felony of the first degree if:
244	244	(1) the applicable conduct constitutes an offense
245	245	under Section 43.05 or 43.25 [43.02] and the person who is
246	246	trafficked is a child younger than 18 years of age at the time of the
247	247	offense, regardless of whether the actor knows the age of the child
248	248	at the time the actor commits the offense; or
249	249	(2) the commission of the offense results in the death
250	250	of the person who is trafficked.
251	251	SECTION 7. Section 43.02, Penal Code, is amended by adding
252	252	Subsection (d) to read as follows:
253	253	(d) It is a defense to prosecution under this section that
254	254	the actor engaged in the conduct that constitutes the offense
255	255	because the actor was the victim of conduct that constitutes an
256	256	offense under Section 20A.02.
257	257	SECTION 8. Section 43.05(a), Penal Code, is amended to read
258	258	as follows:
259	259	(a) A person commits an offense if the person [he]
260	260	knowingly:
261	261	(1) causes another by force, threat, or fraud to
262	262	commit prostitution; or
263	263	(2) causes by any means a child [person] younger than
264	264	18 [17] years to commit prostitution, regardless of whether the
265	265	actor knows the age of the child at the time the actor commits the
266	266	offense.
267	267	SECTION 9. (a) Not later than December 1, 2009, the office
268	268	of the attorney general shall establish the human trafficking
269	269	prevention task force as required by Section 402.035, Government
270	270	Code, as added by this Act.
271	271	(b) Not later than October 1, 2009, the director of the
272	272	Texas Juvenile Probation Commission shall establish a committee to
273	273	evaluate alternatives to the juvenile justice system for children
274	274	who are accused of engaging in acts of prostitution, as required by
275	275	Section 141.056, Human Resources Code, as added by this Act.
276	276	(c) Not later than December 1, 2010, the Commission on Law
277	277	Enforcement Officer Standards and Education shall adopt the rules
278	278	necessary to implement Section 1701.258, Occupations Code, as added
279	279	by this Act.
280	280	(d) The changes in law made by this Act to Sections 20A.02,
281	281	43.02, and 43.05, Penal Code, apply only to an offense committed on
282	282	or after the effective date of this Act. An offense committed
283	283	before the effective date of this Act is covered by the law in
284	284	effect when the offense was committed, and the former law is
285	285	continued in effect for that purpose. For purposes of this section,
286	286	an offense was committed before the effective date of this Act if
287	287	any element of the offense was committed before that date.
288	288	SECTION 10. This Act takes effect September 1, 2009.