Texas 2009 - 81st Regular

Texas Senate Bill SB89 Compare Versions

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1	1	By: Van de Putte, et al. S.B. No. 89
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prosecution, punishment, and prevention of offenses
7	7	involving trafficking of persons or certain forced or sex-based
8	8	labor or services, law enforcement training relating to the
9	9	trafficking of persons, and the creation of the trafficking of
10	10	persons investigation and prosecution account in the general
11	11	revenue fund.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 402, Government Code, is
14	14	amended by adding Section 402.035 to read as follows:
15	15	Sec. 402.035. HUMAN TRAFFICKING PREVENTION TASK FORCE.
16	16	(a) In this section, "task force" means the human trafficking
17	17	prevention task force.
18	18	(b) The office of the attorney general shall establish the
19	19	human trafficking prevention task force to develop policies and
20	20	procedures to assist in the prevention and prosecution of human
21	21	trafficking crimes.
22	22	(c) The task force is composed of the following:
23	23	(1) the governor or the governor's designee;
24	24	(2) the attorney general or the attorney general's
25	25	designee;
26	26	(3) the executive commissioner of the Health and Human
27	27	Services Commission or the executive commissioner's designee;
28	28	(4) the commissioner of the Department of Family and
29	29	Protective Services or the commissioner's designee;
30	30	(5) the public safety director of the Department of
31	31	Public Safety or the director's designee;
32	32	(6) one representative from each of the following
33	33	state agencies, appointed by the chief administrative officer of
34	34	the respective agency:
35	35	(A) the Texas Workforce Commission;
36	36	(B) the Texas Department of Criminal Justice;
37	37	(C) the Texas Youth Commission;
38	38	(D) the Texas Juvenile Probation Commission; and
39	39	(E) the Texas Alcoholic Beverage Commission; and
40	40	(7) as appointed by the attorney general:
41	41	(A) a public defender, as defined by Article
42	42	26.044, Code of Criminal Procedure;
43	43	(B) an attorney representing the state;
44	44	(C) a representative of:
45	45	(i) a hotel and motel association;
46	46	(ii) a district and county attorneys
47	47	association; and
48	48	(iii) a state police association;
49	49	(D) representatives of sheriff's departments;
50	50	(E) representatives of local law enforcement
51	51	agencies affected by human trafficking; and
52	52	(F) representatives of nongovernmental entities
53	53	making comprehensive efforts to combat human trafficking by:
54	54	(i) identifying human trafficking victims;
55	55	(ii) providing legal or other services to
56	56	human trafficking victims;
57	57	(iii) participating in community outreach
58	58	or public awareness efforts regarding human trafficking;
59	59	(iv) providing or developing training
60	60	regarding the prevention of human trafficking; or
61	61	(v) engaging in other activities designed
62	62	to prevent human trafficking.
63	63	(d) The task force shall:
64	64	(1) collaborate, as needed to fulfill the duties of
65	65	the task force, with:
66	66	(A) United States attorneys for the districts of
67	67	Texas; and
68	68	(B) special agents or customs and border
69	69	protection officers and border patrol agents of:
70	70	(i) the Federal Bureau of Investigation;
71	71	(ii) the United States Drug Enforcement
72	72	Administration;
73	73	(iii) the Bureau of Alcohol, Tobacco,
74	74	Firearms and Explosives;
75	75	(iv) the United States Immigration and
76	76	Customs Enforcement Agency; or
77	77	(v) the United States Department of
78	78	Homeland Security;
79	79	(2) collect, organize, and periodically publish
80	80	statistical data on the nature and extent of human trafficking in
81	81	this state;
82	82	(3) solicit cooperation and assistance from state and
83	83	local governmental agencies, political subdivisions of the state,
84	84	nongovernmental organizations, and other persons, as appropriate,
85	85	for the purpose of collecting and organizing statistical data under
86	86	Subdivision (2);
87	87	(4) ensure that each state or local governmental
88	88	agency and political subdivision of the state that assists in the
89	89	prevention of human trafficking collects statistical data related
90	90	to human trafficking, including, as appropriate:
91	91	(A) the number of investigations concerning,
92	92	arrests and prosecutions for, and convictions of:
93	93	(i) the offense of trafficking of persons;
94	94	and
95	95	(ii) the offense of forgery or an offense
96	96	under Chapter 43, Penal Code, if committed as part of a criminal
97	97	episode involving the trafficking of persons;
98	98	(B) demographic information on persons who are
99	99	convicted of offenses described by Paragraph (A) and persons who
100	100	are the victims of those offenses;
101	101	(C) geographic routes by which human trafficking
102	102	victims are trafficked and geographic patterns in human
103	103	trafficking, including the country or state of origin and the
104	104	country or state of destination;
105	105	(D) means of transportation and methods used by
106	106	persons who engage in trafficking to transport their victims; and
107	107	(E) social and economic factors that create a
108	108	demand for the labor or services that victims of human trafficking
109	109	are forced to provide;
110	110	(5) work with the Commission on Law Enforcement
111	111	Officer Standards and Education to develop and conduct training for
112	112	law enforcement personnel, victim service providers, and medical
113	113	service providers to identify victims of human trafficking;
114	114	(6) on the request of a judge of a county court, county
115	115	court at law, or district court or a county attorney, district
116	116	attorney, or criminal district attorney, assist and train the judge
117	117	or the judge's staff or the attorney or the attorney's staff in the
118	118	recognition and prevention of human trafficking;
119	119	(7) examine training protocols related to human
120	120	trafficking issues, as developed and implemented by federal, state,
121	121	and local law enforcement agencies;
122	122	(8) collaborate with state and local governmental
123	123	agencies, political subdivisions of the state, and nongovernmental
124	124	organizations to implement a media awareness campaign in
125	125	communities affected by human trafficking; and
126	126	(9) develop recommendations on how to strengthen state
127	127	and local efforts to prevent human trafficking, protect and assist
128	128	human trafficking victims, and prosecute human trafficking
129	129	offenders.
130	130	(e) The presiding officer of the task force is the attorney
131	131	general or the attorney general's designee.
132	132	(f) The office of the attorney general shall supervise the
133	133	administration of the task force. The attorney general shall
134	134	provide the necessary staff and facilities to assist the task force
135	135	in performing its duties.
136	136	(g) Not later than December 1 of each even-numbered year,
137	137	the task force shall submit a report regarding the task force's
138	138	activities, findings, and recommendations, including any proposed
139	139	legislation, to the governor, the lieutenant governor, and the
140	140	legislature.
141	141	(h) This section expires September 1, 2013.
142	142	SECTION 2. Section 772.006, Government Code, is amended by
143	143	adding Subsections (d), (e), and (f) to read as follows:
144	144	(d) The trafficking of persons investigation and
145	145	prosecution account is created in the general revenue fund. The
146	146	account is composed of legislative appropriations and other money
147	147	required by law to be deposited in the account. Income from money
148	148	in the account shall be credited to the account. Sections 403.095
149	149	and 404.071 do not apply to the account.
150	150	(e) The legislature may appropriate money from the
151	151	trafficking of persons investigation and prosecution account
152	152	created under Subsection (d) only to the criminal justice division
153	153	for the purposes of this subsection. The division may use the
154	154	appropriated money solely to distribute grants to:
155	155	(1) counties that apply for the grants and that have
156	156	dedicated full-time or part-time personnel to identify, prevent,
157	157	investigate, or prosecute offenses under Chapter 20A, Penal Code;
158	158	and
159	159	(2) nongovernmental organizations that apply for the
160	160	grants and that provide comprehensive services in this state to
161	161	prevent the commission of offenses under Chapter 20A, Penal Code,
162	162	or to address the needs of victims of those offenses, including
163	163	public awareness activities, community outreach and training,
164	164	victim identification services, legal services, and other services
165	165	designed to assist victims.
166	166	(f) The total amount of grants that may be distributed to
167	167	counties and nongovernmental organizations from the trafficking of
168	168	persons investigation and prosecution account during each state
169	169	fiscal year may not exceed $10 million.
170	170	SECTION 3. Subchapter C, Chapter 141, Human Resources Code,
171	171	is amended by adding Section 141.056 to read as follows:
172	172	Sec. 141.056. STUDY OF ALTERNATIVES TO JUVENILE JUSTICE
173	173	SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a) The
174	174	director shall establish a committee to evaluate alternatives to
175	175	the juvenile justice system, such as government programs,
176	176	faith-based programs, and programs offered by nonprofit
177	177	organizations, for children who are accused of engaging in acts of
178	178	prostitution.
179	179	(b) The director shall determine the size of the committee.
180	180	The committee must be composed of:
181	181	(1) members of the Texas Juvenile Probation
182	182	Commission, the Texas Youth Commission, and other relevant state
183	183	agencies as determined by the director;
184	184	(2) members of the legislature;
185	185	(3) members of nongovernmental organizations that
186	186	provide programs and services to combat and prevent trafficking of
187	187	persons as described by Section 20A.02, Penal Code, in this state,
188	188	including the following with respect to that trafficking:
189	189	(A) programs to promote public awareness;
190	190	(B) programs to identify and provide services to
191	191	victims;
192	192	(C) legal services; and
193	193	(D) community outreach and training programs;
194	194	and
195	195	(4) other juvenile justice experts.
196	196	(c) Not later than January 1, 2011, the committee shall
197	197	prepare and deliver to each member of the legislature a report that
198	198	includes the results of the study and recommendations for
199	199	alternatives to the juvenile justice system for children who are
200	200	accused of engaging in acts of prostitution.
201	201	(d) This section expires June 1, 2011.
202	202	SECTION 4. Subchapter F, Chapter 1701, Occupations Code, is
203	203	amended by adding Section 1701.258 to read as follows:
204	204	Sec. 1701.258. EDUCATION AND TRAINING PROGRAMS ON
205	205	TRAFFICKING OF PERSONS. (a) The commission by rule shall require
206	206	an officer first licensed by the commission on or after January 1,
207	207	2011, to complete within a reasonable time after obtaining the
208	208	license a one-time basic education and training program on the
209	209	trafficking of persons. The program must:
210	210	(1) consist of at least four hours of training; and
211	211	(2) include a review of the substance of Sections
212	212	20A.02 and 43.05, Penal Code.
213	213	(b) The commission shall make available to each officer a
214	214	voluntary advanced education, instruction, and training program on
215	215	the trafficking of persons and compelling prostitution prohibited
216	216	under Sections 20A.02 and 43.05, Penal Code.
217	217	(c) Not later than January 1, 2011, the commission shall
218	218	begin offering the basic and advanced programs established under
219	219	this section. This subsection expires September 1, 2011.
220	220	SECTION 5. Section 1701.402, Occupations Code, is amended
221	221	by adding Subsection (h) to read as follows:
222	222	(h) As a requirement for an intermediate or advanced
223	223	proficiency certificate issued by the commission on or after
224	224	January 1, 2011, an officer must complete the basic education and
225	225	training program on the trafficking of persons described by Section
226	226	1701.258(a).
227	227	SECTION 6. Subsections (a) and (b), Section 20A.02, Penal
228	228	Code, are amended to read as follows:
229	229	(a) A person commits an offense if the person knowingly:
230	230	(1) [knowingly] traffics another person with the
231	231	intent or knowledge that the trafficked person will engage
232	232	in forced labor or services; or
233	233	(2) [intentionally or knowingly] benefits from
234	234	participating in a venture that involves an activity described by
235	235	Subdivision (1), including by receiving labor or services the
236	236	person knows are forced labor or services.
237	237	(b) Except as otherwise provided by this subsection, an
238	238	offense under this section is a felony of the second degree. An
239	239	offense under this section is a felony of the first degree if:
240	240	(1) the applicable conduct constitutes an offense
241	241	under Section 43.05 or 43.25 [43.02] and the person who is
242	242	trafficked is a child younger than 18 years of age at the time of the
243	243	offense, regardless of whether the actor knows the age of the child
244	244	at the time the actor commits the offense; or
245	245	(2) the commission of the offense results in the death
246	246	of the person who is trafficked.
247	247	SECTION 7. Section 43.02, Penal Code, is amended by adding
248	248	Subsection (d) to read as follows:
249	249	(d) It is a defense to prosecution under this section that
250	250	the actor engaged in the conduct that constitutes the offense
251	251	because the actor was the victim of conduct that constitutes an
252	252	offense under Section 20A.02.
253	253	SECTION 8. Subsection (a), Section 43.05, Penal Code, is
254	254	amended to read as follows:
255	255	(a) A person commits an offense if the person [he]
256	256	knowingly:
257	257	(1) causes another by force, threat, or fraud to
258	258	commit prostitution; or
259	259	(2) causes by any means a child [person] younger than
260	260	18 [17] years to commit prostitution, regardless of whether the
261	261	actor knows the age of the child at the time the actor commits the
262	262	offense.
263	263	SECTION 9. (a) Not later than December 1, 2009, the office
264	264	of the attorney general shall establish the human trafficking
265	265	prevention task force as required by Section 402.035, Government
266	266	Code, as added by this Act.
267	267	(b) Not later than October 1, 2009, the executive director
268	268	of the Texas Juvenile Probation Commission shall establish a
269	269	committee to evaluate alternatives to the juvenile justice system
270	270	for children who are accused of engaging in acts of prostitution, as
271	271	required by Section 141.056, Human Resources Code, as added by this
272	272	Act.
273	273	(c) Not later than December 1, 2010, the Commission on Law
274	274	Enforcement Officer Standards and Education shall adopt the rules
275	275	necessary to implement Section 1701.258, Occupations Code, as added
276	276	by this Act.
277	277	(d) The changes in law made by this Act to Sections 20A.02,
278	278	43.02, and 43.05, Penal Code, apply only to an offense committed on
279	279	or after the effective date of this Act. An offense committed
280	280	before the effective date of this Act is covered by the law in
281	281	effect when the offense was committed, and the former law is
282	282	continued in effect for that purpose. For purposes of this section,
283	283	an offense was committed before the effective date of this Act if
284	284	any element of the offense was committed before that date.
285	285	SECTION 10. This Act does not make an appropriation. This
286	286	Act takes effect only if a specific appropriation for the
287	287	implementation of the Act is provided in a general appropriations
288	288	act of the 81st Legislature.
289	289	SECTION 11. This Act takes effect September 1, 2009.