By: Thompson, et al. (Senate Sponsor - Van de Putte) H.B. No. 3000
(In the Senate - Received from the House April 18, 2011;
April 26, 2011, read first time and referred to Committee on
Criminal Justice; May 9, 2011, reported favorably by the following
vote: Yeas 6, Nays 0; May 9, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to creating the offense of continuous trafficking of
persons; providing a penalty and other civil consequences.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 20A, Penal Code, is amended by adding
Section 20A.03 to read as follows:
Sec. 20A.03. CONTINUOUS TRAFFICKING OF PERSONS. (a) A
person commits an offense if, during a period that is 30 or more
days in duration, the person engages two or more times in conduct
that constitutes an offense under Section 20A.02.
(b) If a jury is the trier of fact, members of the jury are
not required to agree unanimously on which specific conduct engaged
in by the defendant constituted an offense under Section 20A.02 or
on which exact date the defendant engaged in that conduct. The jury
must agree unanimously that the defendant, during a period that is
30 or more days in duration, engaged in conduct that constituted an
offense under Section 20A.02.
(c) If the victim of an offense under Subsection (a) is the
same victim as a victim of an offense under Section 20A.02, a
defendant may not be convicted of the offense under Section 20A.02
in the same criminal action as the offense under Subsection (a),
unless the offense under Section 20A.02:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense
alleged under Subsection (a) was committed; or
(3) is considered by the trier of fact to be a lesser
included offense of the offense alleged under Subsection (a).
(d) A defendant may not be charged with more than one count
under Subsection (a) if all of the conduct that constitutes an
offense under Section 20A.02 is alleged to have been committed
against the same victim.
(e) An offense under this section is a felony of the first
degree, punishable by imprisonment in the Texas Department of
Criminal Justice for life or for any term of not more than 99 years
or less than 25 years.
SECTION 2. Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if during the investigation
of the offense biological matter is collected and subjected to
forensic DNA testing and the testing results show that the matter
does not match the victim or any other person whose identity is
readily ascertained;
(D) continuous sexual abuse of young child or
children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code; [or]
(F) an offense involving leaving the scene of an
accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person; or
(G) continuous trafficking of persons under
Section 20A.03, Penal Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1); or
(F) arson;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) securing execution of document by deception;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code; or
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to an elderly or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping under Section
20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually; or
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of
the offense: injury to a child under Section 22.04, Penal Code; or
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 3. Article 17.03(b), Code of Criminal Procedure, is
amended to read as follows:
(b) Only the court before whom the case is pending may
release on personal bond a defendant who:
(1) is charged with an offense under the following
sections of the Penal Code:
(A) Section 19.03 (Capital Murder);
(B) Section 20.04 (Aggravated Kidnapping);
(C) Section 22.021 (Aggravated Sexual Assault);
(D) Section 22.03 (Deadly Assault on Law
Enforcement or Corrections Officer, Member or Employee of Board of
Pardons and Paroles, or Court Participant);
(E) Section 22.04 (Injury to a Child, Elderly
Individual, or Disabled Individual);
(F) Section 29.03 (Aggravated Robbery);
(G) Section 30.02 (Burglary);
(H) Section 71.02 (Engaging in Organized
Criminal Activity); [or]
(I) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children); or
(J) Section 20A.03 (Continuous Trafficking of
Persons);
(2) is charged with a felony under Chapter 481, Health
and Safety Code, or Section 485.033, Health and Safety Code,
punishable by imprisonment for a minimum term or by a maximum fine
that is more than a minimum term or maximum fine for a first degree
felony; or
(3) does not submit to testing for the presence of a
controlled substance in the defendant's body as requested by the
court or magistrate under Subsection (c) of this article or submits
to testing and the test shows evidence of the presence of a
controlled substance in the defendant's body.
SECTION 4. Article 17.032(a), Code of Criminal Procedure,
is amended to read as follows:
(a) In this article, "violent offense" means an offense
under the following sections of the Penal Code:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital murder);
(3) Section 20.03 (kidnapping);
(4) Section 20.04 (aggravated kidnapping);
(5) Section 21.11 (indecency with a child);
(6) Section 22.01(a)(1) (assault);
(7) Section 22.011 (sexual assault);
(8) Section 22.02 (aggravated assault);
(9) Section 22.021 (aggravated sexual assault);
(10) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(11) Section 29.03 (aggravated robbery); [or]
(12) Section 21.02 (continuous sexual abuse of young
child or children); or
(13) Section 20A.03 (continuous trafficking of
persons).
SECTION 5. Article 17.091, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
Before a judge or magistrate reduces the amount of bail set for a
defendant charged with an offense listed in Section 3g, Article
42.12, [or] an offense described by Article 62.001(5), or an
offense under Section 20A.03, Penal Code, the judge or magistrate
shall provide:
(1) to the attorney representing the state, reasonable
notice of the proposed bail reduction; and
(2) on request of the attorney representing the state
or the defendant or the defendant's counsel, an opportunity for a
hearing concerning the proposed bail reduction.
SECTION 6. Section 23.101(a), Government Code, is amended
to read as follows:
(a) The trial courts of this state shall regularly and
frequently set hearings and trials of pending matters, giving
preference to hearings and trials of the following:
(1) temporary injunctions;
(2) criminal actions, with the following actions given
preference over other criminal actions:
(A) criminal actions against defendants who are
detained in jail pending trial;
(B) criminal actions involving a charge that a
person committed an act of family violence, as defined by Section
71.004, Family Code;
(C) an offense under:
(i) Section 21.02 or 21.11, Penal Code;
(ii) Chapter 22, Penal Code, if the victim
of the alleged offense is younger than 17 years of age;
(iii) Section 25.02, Penal Code, if the
victim of the alleged offense is younger than 17 years of age;
(iv) Section 25.06, Penal Code; [or]
(v) Section 43.25, Penal Code; or
(vi) Section 20A.03, Penal Code; and
(D) an offense described by Article 62.001(6)(C)
or (D), Code of Criminal Procedure;
(3) election contests and suits under the Election
Code;
(4) orders for the protection of the family under
Subtitle B, Title 4, Family Code;
(5) appeals of final rulings and decisions of the
division of workers' compensation of the Texas Department of
Insurance regarding workers' compensation claims and claims under
the Federal Employers' Liability Act and the Jones Act;
(6) appeals of final orders of the commissioner of the
General Land Office under Section 51.3021, Natural Resources Code;
(7) actions in which the claimant has been diagnosed
with malignant mesothelioma, other malignant asbestos-related
cancer, malignant silica-related cancer, or acute silicosis; and
(8) appeals brought under Section 42.01 or 42.015, Tax
Code, of orders of appraisal review boards of appraisal districts
established for counties with a population of less than 175,000.
SECTION 7. Section 411.1471(a), Government Code, is amended
to read as follows:
(a) This section applies to a defendant who is:
(1) indicted or waives indictment for a felony
prohibited or punishable under any of the following Penal Code
sections:
(A) Section 20.04(a)(4);
(B) Section 21.11;
(C) Section 22.011;
(D) Section 22.021;
(E) Section 25.02;
(F) Section 30.02(d);
(G) Section 43.05;
(H) Section 43.25;
(I) Section 43.26; [or]
(J) Section 21.02; or
(K) Section 20A.03;
(2) arrested for a felony described by Subdivision (1)
after having been previously convicted of or placed on deferred
adjudication for an offense described by Subdivision (1) or an
offense punishable under Section 30.02(c)(2), Penal Code; or
(3) convicted of an offense under Section 21.07 or
21.08, Penal Code.
SECTION 8. Section 499.027(b), Government Code, is amended
to read as follows:
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense for
which the judgment contains an affirmative finding under Section
3g(a)(2), Article 42.12, Code of Criminal Procedure;
(2) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense
listed in one of the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child or an
elderly individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is
punished as a first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of
prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or
display of harmful material to minor);
(T) Section 43.25 (sexual performance by a
child);
(U) Section 46.10 (deadly weapon in penal
institution);
(V) Section 15.01 (criminal attempt), if the
offense attempted is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the
offense that is the subject of the conspiracy is listed in this
subsection;
(X) Section 15.03 (criminal solicitation), if
the offense solicited is listed in this subsection; [or]
(Y) Section 21.02 (continuous sexual abuse of
young child or children); or
(Z) Section 20A.03 (continuous trafficking of
persons); or
(3) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense under
Chapter 481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum term
of imprisonment or the maximum fine for a first degree felony.
SECTION 9. Section 508.046, Government Code, is amended to
read as follows:
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
parole an inmate who was convicted of an offense under Section
20A.03, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is
required under Section 508.145(c) to serve 35 calendar years before
becoming eligible for release on parole, all members of the board
must vote on the release on parole of the inmate, and at least
two-thirds of the members must vote in favor of the release on
parole. A member of the board may not vote on the release unless the
member first receives a copy of a written report from the department
on the probability that the inmate would commit an offense after
being released on parole.
SECTION 10. Section 508.145(d), Government Code, is amended
to read as follows:
(d) An inmate serving a sentence for an offense described by
Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or (K),
Article 42.12, Code of Criminal Procedure, or for an offense for
which the judgment contains an affirmative finding under Section
3g(a)(2) of that article, or for an offense under Section 20A.03,
Penal Code, is not eligible for release on parole until the inmate's
actual calendar time served, without consideration of good conduct
time, equals one-half of the sentence or 30 calendar years,
whichever is less, but in no event is the inmate eligible for
release on parole in less than two calendar years.
SECTION 11. Section 508.149(a), Government Code, is amended
to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure;
(2) a first degree felony or a second degree felony
under Section 19.02, Penal Code;
(3) a capital felony under Section 19.03, Penal Code;
(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
(5) an offense under Section 21.11, Penal Code;
(6) a felony under Section 22.011, Penal Code;
(7) a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(8) a first degree felony under Section 22.021, Penal
Code;
(9) a first degree felony under Section 22.04, Penal
Code;
(10) a first degree felony under Section 28.02, Penal
Code;
(11) a second degree felony under Section 29.02, Penal
Code;
(12) a first degree felony under Section 29.03, Penal
Code;
(13) a first degree felony under Section 30.02, Penal
Code;
(14) a felony for which the punishment is increased
under Section 481.134 or Section 481.140, Health and Safety Code;
(15) an offense under Section 43.25, Penal Code;
(16) an offense under Section 21.02, Penal Code; [or]
(17) a first degree felony under Section 15.03, Penal
Code; or
(18) an offense under Section 20A.03, Penal Code.
SECTION 12. Section 508.151(a), Government Code, is amended
to read as follows:
(a) For the purpose of diverting inmates to halfway houses
under Section 508.118, a parole panel, after reviewing all
available pertinent information, may designate a presumptive
parole date for an inmate who:
(1) has never been convicted of an offense listed
under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure,
or an offense under Section 20A.03 or 21.02, Penal Code; and
(2) has never had a conviction with a judgment that
contains an affirmative finding under Section 3g(a)(2), Article
42.12, Code of Criminal Procedure.
SECTION 13. Section 12.35(c), Penal Code, is amended to
read as follows:
(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) under Section 20A.03 or 21.02 or listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure.
SECTION 14. Section 12.42(c)(4), Penal Code, is amended to
read as follows:
(4) Notwithstanding Subdivision (1) or (2), a
defendant shall be punished by imprisonment in the Texas Department
of Criminal Justice for life without parole if it is shown on the
trial of an offense under Section 20A.03 or 21.02 that the defendant
has previously been finally convicted of:
(A) an offense under Section 20A.03 or 21.02; or
(B) an offense that was committed under the laws
of another state and that contains elements that are substantially
similar to the elements of an offense under Section 20A.03 or 21.02.
SECTION 15. The change in law made by this Act applies 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 16. This Act takes effect September 1, 2011.
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