82R7940 GCB-D
By: Thompson H.B. No. 7
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution, punishment, and certain criminal and
civil consequences of offenses involving or related to the
trafficking of persons and to certain protections for victims of
those offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TRAFFICKING OF PERSONS AND COMPELLING PROSTITUTION
SECTION 1.01. Section 20A.01, Penal Code, is amended to
read as follows:
Sec. 20A.01. DEFINITIONS. In this chapter:
(1) "Child" means a person younger than 18 years of
age.
(2) "Forced labor or services" means labor or
services, other than labor or services that constitute sexual
conduct [including conduct that constitutes an offense under
Section 43.02], that are performed or provided by another person
and obtained through an actor's use of force, fraud, or coercion [:
[(A) causing or threatening to cause bodily
injury to the person or another person or otherwise causing the
person performing or providing labor or services to believe that
the person or another person will suffer bodily injury;
[(B) restraining or threatening to restrain the
person or another person in a manner described by Section 20.01(1)
or causing the person performing or providing labor or services to
believe that the person or another person will be restrained;
[(C) knowingly destroying, concealing, removing,
confiscating, or withholding from the person or another person, or
threatening to destroy, conceal, remove, confiscate, or withhold
from the person or another person, the person's actual or
purported:
[(i) government records;
[(ii) identifying information; or
[(iii) personal property;
[(D) threatening the person with abuse of the law
or the legal process in relation to the person or another person;
[(E) threatening to report the person or another
person to immigration officials or other law enforcement officials
or otherwise blackmailing or extorting the person or another
person;
[(F) exerting financial control over the person
or another person by placing the person or another person under the
actor's control as security for a debt to the extent that:
[(i) the value of the services provided by
the person or another person as reasonably assessed is not applied
toward the liquidation of the debt;
[(ii) the duration of the services provided
by the person or another person is not limited and the nature of the
services provided by the person or another person is not defined; or
[(iii) the principal amount of the debt
does not reasonably reflect the value of the items or services for
which the debt was incurred; or
[(G) using any scheme, plan, or pattern intended
to cause the person to believe that the person or another person
will be subjected to serious harm or restraint if the person does
not perform or provide the labor or services].
(3) "Sexual conduct" has the meaning assigned by
Section 43.25.
(4) [(2)] "Traffic" means to transport, entice,
recruit, harbor, provide, or otherwise obtain another person by any
means.
SECTION 1.02. Section 20A.02, Penal Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) A person commits an offense if the person knowingly:
(1) traffics another person with the intent [or
knowledge] that the trafficked person [will] engage in forced labor
or services; [or]
(2) receives a benefit [benefits] from participating
in a venture that involves an activity described by Subdivision
(1), including by receiving labor or services the person knows are
forced labor or services;
(3) traffics another person and, through force, fraud,
or coercion, causes the trafficked person to engage in conduct
prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(C) Section 43.04 (Aggravated Promotion of
Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) receives a benefit from participating in a venture
that involves an activity described by Subdivision (3) or engages
in sexual conduct with a person trafficked in the manner described
in Subdivision (3);
(5) traffics a child with the intent that the
trafficked child engage in forced labor or services;
(6) receives a benefit from participating in a venture
that involves an activity described by Subdivision (5), including
by receiving labor or services the person knows are forced labor or
services;
(7) traffics a child and by any means causes the
trafficked child to engage in, or become the victim of, conduct
prohibited by:
(A) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children);
(B) Section 21.11 (Indecency with a Child);
(C) Section 22.011 (Sexual Assault);
(D) Section 22.021 (Aggravated Sexual Assault);
(E) Section 43.02 (Prostitution);
(F) Section 43.03 (Promotion of Prostitution);
(G) Section 43.04 (Aggravated Promotion of
Prostitution);
(H) Section 43.05 (Compelling Prostitution);
(I) Section 43.25 (Sexual Performance by a
Child);
(J) Section 43.251 (Employment Harmful to
Children); or
(K) Section 43.26 (Possession or Promotion of
Child Pornography); or
(8) receives a benefit from participating in a venture
that involves an activity described by Subdivision (7) or engages
in sexual conduct with a child trafficked in the manner described in
Subdivision (7).
(b) Except as otherwise provided by this subsection, an
offense under this section is a felony of the second degree. An
offense under this section is a felony of the first degree if:
(1) the applicable conduct constitutes an offense
under Subsection (a)(5), (6), (7), or (8) [Section 43.05 or 43.25
and the person who is trafficked is a child younger than 18 years of
age at the time of the offense], regardless of whether the actor
knows the age of the child at the time the actor commits the
offense; or
(2) the commission of the offense results in the death
of the person who is trafficked.
(d) If the victim of an offense under Subsection (a)(7)(A)
is the same victim as a victim of an offense under Section 21.02, a
defendant may not be convicted of the offense under Section 21.02 in
the same criminal action as the offense under Subsection (a)(7)(A)
unless the offense under Section 21.02:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense
alleged under Subsection (a)(7)(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)(7)(A).
SECTION 1.03. Section 43.05(b), Penal Code, is amended to
read as follows:
(b) An offense under Subsection (a)(1) [this section] is a
felony of the second degree. An offense under Subsection (a)(2) is
a felony of the first degree.
ARTICLE 2. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
SECTION 2.01. The heading to Chapter 7A, Code of Criminal
Procedure, is amended to read as follows:
CHAPTER 7A. PROTECTIVE ORDER FOR CERTAIN VICTIMS [VICTIM] OF
TRAFFICKING OR SEXUAL ASSAULT
SECTION 2.02. Article 7A.01(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The following persons [A person who is the victim of an
offense under Section 21.02, 21.11, 22.011, or 22.021, Penal Code,
a parent or guardian acting on behalf of a person younger than 17
years of age who is the victim of such an offense, or a prosecuting
attorney acting on behalf of the person] may file an application for
a protective order under this chapter without regard to the
relationship between the applicant and the alleged offender:
(1) a person who is the victim of an offense under
Section 21.02, 21.11, 22.011, or 22.021, Penal Code;
(2) a person who is the victim of an offense under
Section 20A.02(a)(3), (4), (7), or (8) or Section 43.05, Penal
Code;
(3) a parent or guardian acting on behalf of a person
younger than 18 years of age who is the victim of an offense listed
in Subdivision (1) or (2); or
(4) a prosecuting attorney acting on behalf of a
person described by Subdivision (1) or (2).
SECTION 2.03. 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) trafficking of persons under Section
20A.02(a)(7) or (8), 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;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(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:
(A) trafficking of persons under Section
20A.02(a)(5) or (6), Penal Code;
(B) injury to a child under Section 22.04, Penal
Code; or
(C) compelling prostitution under Section
43.05(a)(2), Penal Code; or
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 2.04. Article 13.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 13.12. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT, AND
KIDNAPPING. Venue for trafficking of persons, false imprisonment,
and kidnapping is in:
(1) [either] the county in which the offense was
committed;[,] or
(2) [in] any county through, into, or out of which the
person trafficked, falsely imprisoned, or kidnapped may have been
taken.
SECTION 2.05. Article 38.07(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A conviction under Chapter 21, Section 20A.02(a)(3),
(4), (7), or (8), Section 22.011, or Section 22.021, Penal Code, is
supportable on the uncorroborated testimony of the victim of the
sexual offense if the victim informed any person, other than the
defendant, of the alleged offense within one year after the date on
which the offense is alleged to have occurred.
SECTION 2.06. Section 1, Article 38.071, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. This article applies only to a hearing or proceeding
in which the court determines that a child younger than 13 years of
age would be unavailable to testify in the presence of the defendant
about an offense defined by any of the following sections of the
Penal Code:
(1) Section 19.02 (Murder);
(2) Section 19.03 (Capital Murder);
(3) Section 19.04 (Manslaughter);
(4) Section 20.04 (Aggravated Kidnapping);
(5) Section 21.11 (Indecency with a Child);
(6) Section 22.011 (Sexual Assault);
(7) Section 22.02 (Aggravated Assault);
(8) Section 22.021 (Aggravated Sexual Assault);
(9) Section 22.04(e) (Injury to a Child, Elderly
Individual, or Disabled Individual);
(10) Section 22.04(f) (Injury to a Child, Elderly
Individual, or Disabled Individual), if the conduct is committed
intentionally or knowingly;
(11) Section 25.02 (Prohibited Sexual Conduct);
(12) Section 29.03 (Aggravated Robbery);
(13) Section 43.25 (Sexual Performance by a Child);
[or]
(14) Section 21.02 (Continuous Sexual Abuse of Young
Child or Children);
(15) Section 43.05(a)(2) (Compelling Prostitution);
or
(16) Section 20A.02(a)(7) or (8) (Trafficking of
Persons).
SECTION 2.07. Section 1, Article 38.072, Code of Criminal
Procedure, as amended by Chapters 284 (S.B. 643) and 710 (H.B.
2846), Acts of the 81st Legislature, Regular Session, 2009, is
reenacted and amended to read as follows:
Sec. 1. This article applies to a proceeding in the
prosecution of an offense under any of the following provisions of
the Penal Code, if committed against a child younger than 14 years
of age:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct);
(3) Section 43.25 (Sexual Performance by a Child);
[or]
(4) Section 43.05(a)(2) (Compelling Prostitution);
(5) Section 20A.02(a)(7) or (8) (Trafficking of
Persons); or
(6) Section 15.01 (Criminal Attempt), if the offense
attempted is described by Subdivision (1), (2), [or] (3), (4), or
(5) of this section.
SECTION 2.08. Section 1, Article 38.37, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. This article applies to a proceeding in the
prosecution of a defendant for an offense, or an attempt or
conspiracy to commit an offense, under the following provisions of
the Penal Code:
(1) [,] if committed against a child under 17 years of
age:
(A) [(1)] Chapter 21 (Sexual Offenses);
(B) [(2)] Chapter 22 (Assaultive Offenses); or
(C) [(3)] Section 25.02 (Prohibited Sexual
Conduct); or
(2) if committed against a person younger than 18
years of age:
(A) [(4)] Section 43.25 (Sexual Performance by a
Child); [or]
(B) Section 20A.02(a)(7) or (8); or
(C) Section 43.05(a)(2) (Compelling
Prostitution) [(5) an attempt or conspiracy to commit an offense
listed in this section].
SECTION 2.09. Section 3g(a), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(a) The provisions of Section 3 of this article do not
apply:
(1) to a defendant adjudged guilty of an offense
under:
(A) Section 19.02, Penal Code (Murder);
(B) Section 19.03, Penal Code (Capital murder);
(C) Section 21.11(a)(1), Penal Code (Indecency
with a child);
(D) Section 20.04, Penal Code (Aggravated
kidnapping);
(E) Section 22.021, Penal Code (Aggravated
sexual assault);
(F) Section 29.03, Penal Code (Aggravated
robbery);
(G) Chapter 481, Health and Safety Code, for
which punishment is increased under:
(i) Section 481.140, Health and Safety
Code; or
(ii) Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections;
(H) Section 22.011, Penal Code (Sexual assault);
(I) Section 22.04(a)(1), Penal Code (Injury to a
child, elderly individual, or disabled individual), if the offense
is punishable as a felony of the first degree and the victim of the
offense is a child;
(J) Section 43.25, Penal Code (Sexual
performance by a child); [or]
(K) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(L) Section 43.05, Penal Code (Compelling
prostitution); or
(M) Section 20A.02, Penal Code (Trafficking of
persons); or
(2) to a defendant when it is shown that a deadly
weapon as defined in Section 1.07, Penal Code, was used or exhibited
during the commission of a felony offense or during immediate
flight therefrom, and that the defendant used or exhibited the
deadly weapon or was a party to the offense and knew that a deadly
weapon would be used or exhibited. On an affirmative finding under
this subdivision, the trial court shall enter the finding in the
judgment of the court. On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.
SECTION 2.10. Article 62.001(5), Code of Criminal
Procedure, is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), [or] (E), or (K);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (C), (D), (E), (G),
[or] (J), or (K), but not if the violation results in a deferred
adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication; [or]
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code; or
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code.
SECTION 2.11. Article 62.101(a), Code of Criminal
Procedure, is amended to read as follows:
(a) Except as provided by Subsection (b) and Subchapter I,
the duty to register for a person ends when the person dies if the
person has a reportable conviction or adjudication, other than an
adjudication of delinquent conduct, for:
(1) a sexually violent offense;
(2) an offense under Section 20A.02(a)(3), (4), (7),
or (8), 25.02, 43.05(a)(2), or 43.26, Penal Code;
(3) an offense under Section 21.11(a)(2), Penal Code,
if before or after the person is convicted or adjudicated for the
offense under Section 21.11(a)(2), Penal Code, the person receives
or has received another reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense or
conduct that requires registration under this chapter;
(4) an offense under Section 20.02, 20.03, or 20.04,
Penal Code, if:
(A) the judgment in the case contains an
affirmative finding under Article 42.015 or, for a deferred
adjudication, the papers in the case contain an affirmative finding
that the victim or intended victim was younger than 17 years of age;
and
(B) before or after the person is convicted or
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
Penal Code, the person receives or has received another reportable
conviction or adjudication, other than an adjudication of
delinquent conduct, for an offense or conduct that requires
registration under this chapter; or
(5) an offense under Section 43.23, Penal Code, that
is punishable under Subsection (h) of that section.
ARTICLE 3. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
SECTION 3.01. Section 16.0045(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A person must bring suit for personal injury not later
than five years after the day the cause of action accrues if the
injury arises as a result of conduct that violates:
(1) Section 22.011, Penal Code (sexual assault);
(2) Section 22.021, Penal Code (aggravated sexual
assault); [or]
(3) Section 21.02, Penal Code (continuous sexual abuse
of young child or children);
(4) Section 20A.02, Penal Code (trafficking of
persons); or
(5) Section 43.05, Penal Code (compelling
prostitution).
SECTION 3.02. Section 125.0015(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
controlled substance in violation of Chapter 481, Health and Safety
Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code; [or]
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code; or
(19) trafficking of persons as described by Section
20A.02, Penal Code.
ARTICLE 4. CHANGES RELATING TO FAMILY CODE, INCLUDING JUVENILE
JUSTICE CODE
SECTION 4.01. Section 54.031(a), Family Code, is amended to
read as follows:
(a) This section applies to a hearing under this title in
which a child is alleged to be a delinquent child on the basis of a
violation of any of the following provisions of the Penal Code, if a
child 12 years of age or younger or a person with a disability is the
alleged victim of the violation:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct); [or]
(3) Section 43.25 (Sexual Performance by a Child);
(4) Section 20A.02(a)(7) or (8) (Trafficking of
Persons); or
(5) Section 43.05(a)(2) (Compelling Prostitution).
SECTION 4.02. Section 161.001, Family Code, is amended to
read as follows:
Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
RELATIONSHIP. The court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A) voluntarily left the child alone or in the
possession of another not the parent and expressed an intent not to
return;
(B) voluntarily left the child alone or in the
possession of another not the parent without expressing an intent
to return, without providing for the adequate support of the child,
and remained away for a period of at least three months;
(C) voluntarily left the child alone or in the
possession of another without providing adequate support of the
child and remained away for a period of at least six months;
(D) knowingly placed or knowingly allowed the
child to remain in conditions or surroundings which endanger the
physical or emotional well-being of the child;
(E) engaged in conduct or knowingly placed the
child with persons who engaged in conduct which endangers the
physical or emotional well-being of the child;
(F) failed to support the child in accordance
with the parent's ability during a period of one year ending within
six months of the date of the filing of the petition;
(G) abandoned the child without identifying the
child or furnishing means of identification, and the child's
identity cannot be ascertained by the exercise of reasonable
diligence;
(H) voluntarily, and with knowledge of the
pregnancy, abandoned the mother of the child beginning at a time
during her pregnancy with the child and continuing through the
birth, failed to provide adequate support or medical care for the
mother during the period of abandonment before the birth of the
child, and remained apart from the child or failed to support the
child since the birth;
(I) contumaciously refused to submit to a
reasonable and lawful order of a court under Subchapter D, Chapter
261;
(J) been the major cause of:
(i) the failure of the child to be enrolled
in school as required by the Education Code; or
(ii) the child's absence from the child's
home without the consent of the parents or guardian for a
substantial length of time or without the intent to return;
(K) executed before or after the suit is filed an
unrevoked or irrevocable affidavit of relinquishment of parental
rights as provided by this chapter;
(L) been convicted or has been placed on
community supervision, including deferred adjudication community
supervision, for being criminally responsible for the death or
serious injury of a child under the following sections of the Penal
Code or adjudicated under Title 3 for conduct that caused the death
or serious injury of a child and that would constitute a violation
of one of the following Penal Code sections:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 19.04 (manslaughter);
(iv) Section 21.11 (indecency with a
child);
(v) Section 22.01 (assault);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual
assault);
(ix) Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x) Section 22.041 (abandoning or
endangering child);
(xi) Section 25.02 (prohibited sexual
conduct);
(xii) Section 43.25 (sexual performance by
a child);
(xiii) Section 43.26 (possession or
promotion of child pornography); [and]
(xiv) Section 21.02 (continuous sexual
abuse of young child or children);
(xv) Section 20A.02(a)(7) or (8)
(trafficking of persons); and
(xvi) Section 43.05(a)(2) (compelling
prostitution);
(M) had his or her parent-child relationship
terminated with respect to another child based on a finding that the
parent's conduct was in violation of Paragraph (D) or (E) or
substantially equivalent provisions of the law of another state;
(N) constructively abandoned the child who has
been in the permanent or temporary managing conservatorship of the
Department of Family and Protective Services or an authorized
agency for not less than six months, and:
(i) the department or authorized agency has
made reasonable efforts to return the child to the parent;
(ii) the parent has not regularly visited
or maintained significant contact with the child; and
(iii) the parent has demonstrated an
inability to provide the child with a safe environment;
(O) failed to comply with the provisions of a
court order that specifically established the actions necessary for
the parent to obtain the return of the child who has been in the
permanent or temporary managing conservatorship of the Department
of Family and Protective Services for not less than nine months as a
result of the child's removal from the parent under Chapter 262 for
the abuse or neglect of the child;
(P) used a controlled substance, as defined by
Chapter 481, Health and Safety Code, in a manner that endangered the
health or safety of the child, and:
(i) failed to complete a court-ordered
substance abuse treatment program; or
(ii) after completion of a court-ordered
substance abuse treatment program, continued to abuse a controlled
substance;
(Q) knowingly engaged in criminal conduct that
has resulted in the parent's:
(i) conviction of an offense; and
(ii) confinement or imprisonment and
inability to care for the child for not less than two years from the
date of filing the petition;
(R) been the cause of the child being born
addicted to alcohol or a controlled substance, other than a
controlled substance legally obtained by prescription, as defined
by Section 261.001;
(S) voluntarily delivered the child to a
designated emergency infant care provider under Section 262.302
without expressing an intent to return for the child; or
(T) been convicted of:
(i) the murder of the other parent of the
child under Section 19.02 or 19.03, Penal Code, or under a law of
another state, federal law, the law of a foreign country, or the
Uniform Code of Military Justice that contains elements that are
substantially similar to the elements of an offense under Section
19.02 or 19.03, Penal Code;
(ii) criminal attempt under Section 15.01,
Penal Code, or under a law of another state, federal law, the law of
a foreign country, or the Uniform Code of Military Justice that
contains elements that are substantially similar to the elements of
an offense under Section 15.01, Penal Code, to commit the offense
described by Subparagraph (i); or
(iii) criminal solicitation under Section
15.03, Penal Code, or under a law of another state, federal law, the
law of a foreign country, or the Uniform Code of Military Justice
that contains elements that are substantially similar to the
elements of an offense under Section 15.03, Penal Code, of the
offense described by Subparagraph (i); and
(2) that termination is in the best interest of the
child.
SECTION 4.03. Section 261.001(1), Family Code, is amended
to read as follows:
(1) "Abuse" includes the following acts or omissions
by a person:
(A) mental or emotional injury to a child that
results in an observable and material impairment in the child's
growth, development, or psychological functioning;
(B) causing or permitting the child to be in a
situation in which the child sustains a mental or emotional injury
that results in an observable and material impairment in the
child's growth, development, or psychological functioning;
(C) physical injury that results in substantial
harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose the child
to a substantial risk of harm;
(D) failure to make a reasonable effort to
prevent an action by another person that results in physical injury
that results in substantial harm to the child;
(E) sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that constitutes
the offense of continuous sexual abuse of young child or children
under Section 21.02, Penal Code, indecency with a child under
Section 21.11, Penal Code, sexual assault under Section 22.011,
Penal Code, or aggravated sexual assault under Section 22.021,
Penal Code;
(F) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage
in sexual conduct as defined by Section 43.01, Penal Code,
including conduct that constitutes an offense of trafficking of
persons under Section 20A.02(a)(7) or (8), Penal Code,
prostitution under Section 43.02(a)(2), Penal Code, or compelling
prostitution under Section 43.05(a)(2), Penal Code;
(H) causing, permitting, encouraging, engaging
in, or allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the resulting
photograph, film, or depiction of the child is obscene as defined by
Section 43.21, Penal Code, or pornographic;
(I) the current use by a person of a controlled
substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in physical, mental, or
emotional injury to a child;
(J) causing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code; [or]
(K) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code; or
(L) knowingly causing, permitting, encouraging,
engaging in, or allowing a child to be trafficked in a manner
punishable as an offense under Section 20A.02(a)(5), (6), (7), or
(8), Penal Code, or the failure to make a reasonable effort to
prevent a child from being trafficked in a manner punishable as an
offense under any of those sections.
SECTION 4.04. Section 262.2015(b), Family Code, is amended
to read as follows:
(b) The court may find under Subsection (a) that a parent
has subjected the child to aggravated circumstances if:
(1) the parent abandoned the child without
identification or a means for identifying the child;
(2) the child is a victim of serious bodily injury or
sexual abuse inflicted by the parent or by another person with the
parent's consent;
(3) the parent has engaged in conduct against the
child that would constitute an offense under the following
provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 21.11 (indecency with a child);
(E) Section 22.011 (sexual assault);
(F) Section 22.02 (aggravated assault);
(G) Section 22.021 (aggravated sexual assault);
(H) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(I) Section 22.041 (abandoning or endangering
child);
(J) Section 25.02 (prohibited sexual conduct);
(K) Section 43.25 (sexual performance by a
child);
(L) Section 43.26 (possession or promotion of
child pornography); [or]
(M) Section 21.02 (continuous sexual abuse of
young child or children);
(N) Section 43.05(a)(2) (compelling
prostitution); or
(O) Section 20A.02(a)(7) or (8) (trafficking of
persons);
(4) the parent voluntarily left the child alone or in
the possession of another person not the parent of the child for at
least six months without expressing an intent to return and without
providing adequate support for the child;
(5) the parent's parental rights with regard to
another child have been involuntarily terminated based on a finding
that the parent's conduct violated Section 161.001(1)(D) or (E) or
a substantially equivalent provision of another state's law;
(6) the parent has been convicted for:
(A) the murder of another child of the parent and
the offense would have been an offense under 18 U.S.C. Section
1111(a) if the offense had occurred in the special maritime or
territorial jurisdiction of the United States;
(B) the voluntary manslaughter of another child
of the parent and the offense would have been an offense under 18
U.S.C. Section 1112(a) if the offense had occurred in the special
maritime or territorial jurisdiction of the United States;
(C) aiding or abetting, attempting, conspiring,
or soliciting an offense under Subdivision (A) or (B); or
(D) the felony assault of the child or another
child of the parent that resulted in serious bodily injury to the
child or another child of the parent; or
(7) the parent's parental rights with regard to two
other children have been involuntarily terminated.
ARTICLE 5. CHANGES RELATING TO GOVERNMENT CODE
SECTION 5.01. 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, or disabled 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.02 (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 5.02. 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;
(18) an offense under Section 43.05, Penal Code; or
(19) an offense under Section 20A.02, Penal Code.
ARTICLE 6. CHANGES RELATING TO PENAL CODE
SECTION 6.01. Section 3.03(b), Penal Code, is amended to
read as follows:
(b) If the accused is found guilty of more than one offense
arising out of the same criminal episode, the sentences may run
concurrently or consecutively if each sentence is for a conviction
of:
(1) an offense:
(A) under Section 49.07 or 49.08, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(2) an offense:
(A) under Section 33.021 or an offense under
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
against a victim younger than 17 years of age at the time of the
commission of the offense regardless of whether the accused is
convicted of violations of the same section more than once or is
convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) committed against a victim younger than 17
years of age at the time of the commission of the offense regardless
of whether the accused is charged with violations of the same
section more than once or is charged with violations of more than
one section;
(3) an offense:
(A) under Section 21.15 or 43.26, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections; [or]
(4) an offense for which the judgment in the case
contains an affirmative finding under Article 42.0197, Code of
Criminal Procedure; or
(5) an offense:
(A) under Section 20A.02 or 43.05, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections.
SECTION 6.02. Section 12.42(c)(2), Penal Code, is amended
to read as follows:
(2) Notwithstanding Subdivision (1), a defendant
shall be punished by imprisonment in the Texas Department of
Criminal Justice for life if:
(A) the defendant is convicted of an offense:
(i) under Section 20A.02(a)(7) or (8),
21.11(a)(1), 22.021, or 22.011, Penal Code;
(ii) 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
(iii) under Section 30.02, Penal Code,
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (i) or (ii) or a felony under Section 21.11, Penal
Code; and
(B) the defendant has been previously convicted
of an offense:
(i) under Section 43.25 or 43.26, Penal
Code, or an offense under Section 43.23, Penal Code, punishable
under Subsection (h) of that section;
(ii) under Section 20A.02(a)(7) or (8),
21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;
(iii) under Section 20.04(a)(4), Penal
Code, if the defendant committed the offense with the intent to
violate or abuse the victim sexually;
(iv) under Section 30.02, Penal Code,
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (ii) or (iii); or
(v) under the laws of another state
containing elements that are substantially similar to the elements
of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
SECTION 6.03. Section 15.031(b), Penal Code, is amended to
read as follows:
(b) A person commits an offense if, with intent that an
offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011,
22.021, 43.02, 43.05(a)(2), or 43.25 be committed, the person by
any means requests, commands, or attempts to induce a minor or
another whom the person believes to be a minor to engage in specific
conduct that, under the circumstances surrounding the actor's
conduct as the actor believes them to be, would constitute an
offense under one of those sections or would make the minor or other
believed by the person to be a minor a party to the commission of an
offense under one of those sections.
SECTION 6.04. Section 21.02(c), Penal Code, is amended to
read as follows:
(c) For purposes of this section, "act of sexual abuse"
means any act that is a violation of one or more of the following
penal laws:
(1) aggravated kidnapping under Section 20.04(a)(4),
if the actor committed the offense with the intent to violate or
abuse the victim sexually;
(2) indecency with a child under Section 21.11(a)(1),
if the actor committed the offense in a manner other than by
touching, including touching through clothing, the breast of a
child;
(3) sexual assault under Section 22.011;
(4) aggravated sexual assault under Section 22.021;
(5) burglary under Section 30.02, if the offense is
punishable under Subsection (d) of that section and the actor
committed the offense with the intent to commit an offense listed in
Subdivisions (1)-(4); [and]
(6) sexual performance by a child under Section 43.25;
(7) trafficking of persons under Section 20A.02(a)(7)
or (8); and
(8) compelling prostitution under Section
43.25(a)(2).
SECTION 6.05. Section 22.021(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or
sexual organ of another person by any means, without that person's
consent;
(ii) causes the penetration of the mouth of
another person by the sexual organ of the actor, without that
person's consent; or
(iii) causes the sexual organ of another
person, without that person's consent, to contact or penetrate the
mouth, anus, or sexual organ of another person, including the
actor; or
(B) intentionally or knowingly:
(i) causes the penetration of the anus or
sexual organ of a child by any means;
(ii) causes the penetration of the mouth of
a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to
contact or penetrate the mouth, anus, or sexual organ of another
person, including the actor;
(iv) causes the anus of a child to contact
the mouth, anus, or sexual organ of another person, including the
actor; or
(v) causes the mouth of a child to contact
the anus or sexual organ of another person, including the actor; and
(2) if:
(A) the person:
(i) causes serious bodily injury or
attempts to cause the death of the victim or another person in the
course of the same criminal episode;
(ii) by acts or words places the victim in
fear that any person will become the victim of an offense under
Section 20A.02(a)(3), (4), (7), or (8) or that death, serious
bodily injury, or kidnapping will be imminently inflicted on any
person;
(iii) by acts or words occurring in the
presence of the victim threatens to cause any person to become the
victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or
to cause the death, serious bodily injury, or kidnapping of any
person;
(iv) uses or exhibits a deadly weapon in the
course of the same criminal episode;
(v) acts in concert with another who
engages in conduct described by Subdivision (1) directed toward the
same victim and occurring during the course of the same criminal
episode; or
(vi) administers or provides
flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate,
or ketamine to the victim of the offense with the intent of
facilitating the commission of the offense;
(B) the victim is younger than 14 years of age; or
(C) the victim is an elderly individual or a
disabled individual.
ARTICLE 7. TRANSITION; EFFECTIVE DATE
SECTION 7.01. 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 7.02. This Act takes effect September 1, 2011.