82R5526 GCB-D
By: Van de Putte S.B. No. 1312
A BILL TO BE ENTITLED
AN ACT
relating to certain criminal and civil consequences of trafficking
of persons, compelling prostitution, and certain other related
criminal offenses and to the prevention, prosecution, and
punishment of those offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
SECTION 1.01. Section 11.44(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) The commission or administrator shall refuse to issue
for a period of three years a permit or license for any location to
an applicant who submitted a prior application that expired or was
voluntarily surrendered before the hearing on the application was
held on a protest involving allegations of prostitution, a
shooting, stabbing, or other violent act, or an offense involving
drugs or trafficking of persons. The three-year period commences
on the date the prior application expired or was voluntarily
surrendered.
SECTION 1.02. Section 11.46(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) The commission or administrator shall refuse to issue
for a period of one year after cancellation a mixed beverage permit
or private club registration permit for a premises where a license
or permit has been canceled during the preceding 12 months as a
result of a shooting, stabbing, or other violent act, or as a result
of an offense involving drugs, prostitution, or trafficking of
persons.
SECTION 1.03. Section 11.64(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) When the commission or administrator is authorized to
suspend a permit or license under this code, the commission or
administrator shall give the permittee or licensee the opportunity
to pay a civil penalty rather than have the permit or license
suspended, unless the basis for the suspension is a violation of
Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3),
61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04,
101.63, 106.03, 106.06, or 106.15, the sale or offer for sale of an
alcoholic beverage during hours prohibited by Chapter 105,
consumption or the permitting of consumption of an alcoholic
beverage on the person's licensed or permitted premises during
hours prohibited by Chapter 105 or Section 32.17(a)(7), or an
offense relating to prostitution, trafficking of persons, or
gambling, in which case the commission or administrator shall
determine whether the permittee or licensee may have the
opportunity to pay a civil penalty rather than have the permit or
license suspended. The commission shall adopt rules addressing
when suspension may be imposed pursuant to this section without the
opportunity to pay a civil penalty. In adopting rules under this
subsection, the commission shall consider the type of license or
permit held, the type of violation, any aggravating or ameliorating
circumstances concerning the violation, and any past violations of
this code by the permittee or licensee. In cases in which a civil
penalty is assessed, the commission or administrator shall
determine the amount of the penalty. The amount of the civil
penalty may not be less than $150 or more than $25,000 for each day
the permit or license was to have been suspended. If the licensee
or permittee does not pay the penalty before the sixth day after the
commission or administrator notifies him of the amount, the
commission or administrator shall impose the suspension.
SECTION 1.04. Section 61.42(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) The county judge, commission, or administrator shall
refuse to approve or issue for a period of one year a retail
dealer's on-premise license or a wine and beer retailer's permit for
a premises where a license or permit has been canceled during the
preceding 12 months as a result of a shooting, stabbing, or other
violent act, or as a result of an offense involving drugs,
prostitution, or trafficking of persons.
ARTICLE 2. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
SECTION 2.01. Article 17.153(a), Code of Criminal
Procedure, is amended to read as follows:
(a) This article applies to a defendant charged with a
felony 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);
(2) Section 25.02 (Prohibited Sexual Conduct); [or]
(3) Section 43.25 (Sexual Performance by a Child);
(4) Section 20A.02 (Trafficking of Persons), if the
defendant is alleged to have:
(A) trafficked the child with the intent or
knowledge that the child would engage in sexual conduct, as defined
by Section 43.25, Penal Code; or
(B) benefited from participating in a venture
that involved a trafficked child engaging in sexual conduct, as
defined by Section 43.25, Penal Code; or
(5) Section 43.05(a)(2) (Compelling Prostitution).
SECTION 2.02. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0372 to read as follows:
Art. 42.0372. MANDATORY RESTITUTION FOR CHILD VICTIMS OF
TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. (a) The court
shall order a defendant convicted of an offense under Section
20A.02 or 43.05(a)(2), Penal Code, to pay restitution in an amount
equal to the cost of necessary rehabilitation, including medical,
psychiatric, and psychological care and treatment, for any victim
of the offense who is younger than 18 years of age.
(b) The court shall, after considering the financial
circumstances of the defendant, specify in a restitution order
issued under Subsection (a) the manner in which the defendant must
pay the restitution.
(c) A restitution order issued under Subsection (a) may be
enforced by the state, or by a victim named in the order to receive
the restitution, in the same manner as a judgment in a civil action.
(d) The court may hold a hearing, make findings of fact, and
amend a restitution order issued under Subsection (a) if the
defendant fails to pay the victim named in the order in the manner
specified by the court.
SECTION 2.03. Section 13B(b), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(b) This section applies to a defendant placed on community
supervision for an offense:
(1) under Section 43.05(a)(2), 43.25, or 43.26, Penal
Code;
(2) under Section 21.08, 21.11, 22.011, 22.021, or
25.02, Penal Code;
(3) 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]
(4) 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 listed in Subdivision (2)
or (3) of this subsection; or
(5) under Section 20A.02, Penal Code, if the
defendant:
(A) trafficked the victim with the intent or
knowledge that the victim would engage in sexual conduct, as
defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture
that involved a trafficked victim engaging in sexual conduct, as
defined by Section 43.25, Penal Code.
SECTION 2.04. Section 19(e), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(e) If the judge grants community supervision to a defendant
convicted of an offense under Section 21.08, 21.11, 22.011, 22.021,
25.02, 43.05(a)(2), 43.25, or 43.26, Penal Code, or under Section
20A.02, Penal Code, if the defendant committed the offense in the
manner described by Section 13B(b)(5), regardless of the age of the
victim of the offense, the judge shall require as a condition of
community supervision that the defendant pay to the community
corrections and supervision department officer supervising the
defendant a community supervision fee of $5 each month during the
period of community supervision. The fee is in addition to court
costs or any other fee imposed on the defendant.
SECTION 2.05. Article 59.01(2), Code of Criminal Procedure,
as amended by Chapters 153 (S.B. 2225), 1130 (H.B. 2086), and 1357
(S.B. 554), Acts of the 81st Legislature, Regular Session, 2009, is
reenacted and amended to read as follows:
(2) "Contraband" means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
20.05, 21.11, 38.04, or [Subchapter B of] Chapter 43, 20A, [or
Chapter] 29, 30, 31, 32, 33, 33A, or 35, Penal Code;
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(iv) any offense under Chapter 49, Penal
Code, that is punishable as a felony of the third degree or state
jail felony, if the defendant has been previously convicted three
times of an offense under that chapter;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 153, Finance
Code;
(iv) any felony under Chapter 34, Penal
Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 152, Finance
Code;
(vii) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves the state Medicaid program;
(viii) a Class B misdemeanor under Chapter
522, Business & Commerce Code;
(ix) a Class A misdemeanor under Section
306.051, Business & Commerce Code; [or]
(x) any offense under Section 42.10, Penal
Code;
(xi) [(x)] any offense under Section
46.06(a)(1) or 46.14, Penal Code; or
(xii) [(x)] any offense under Chapter 71,
Penal Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(viii), (x), (xi), or (xii)
[(B)(viii) or (x)] of this subdivision, or a crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(viii), (x),
(xi), or (xii) [(B)(viii) or (x)] of this subdivision, or a crime of
violence; [or]
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
43.25, Penal Code; or
(F) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 20A.02 or
Chapter 43, Penal Code.
SECTION 2.06. Article 60.051(g), Code of Criminal
Procedure, is amended to read as follows:
(g) In addition to the information described by Subsections
(a)-(f), information in the computerized criminal history system
must include the age of the victim of the offense if the defendant
was arrested for or charged with an offense under:
(1) Section 21.02 (Continuous sexual abuse of young
child or children), Penal Code;
(2) Section 21.11 (Indecency with a child), Penal
Code;
(3) Section 22.011 (Sexual assault) or 22.021
(Aggravated sexual assault), Penal Code;
(4) Section 43.25 (Sexual performance by a child),
Penal Code;
(5) Section 20.04(a)(4) (Aggravated kidnapping),
Penal Code, if the defendant committed the offense with intent to
violate or abuse the victim sexually; [or]
(6) Section 30.02 (Burglary), Penal Code, if the
offense is punishable under Subsection (d) of that section and the
defendant committed the offense with intent to commit an offense
described by Subdivision (2), (3), or (5);
(7) Section 20A.02 (Trafficking of persons), Penal
Code, if the defendant:
(A) trafficked a person with the intent or
knowledge that the person would engage in sexual conduct, as
defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture
that involved a trafficked person engaging in sexual conduct, as
defined by Section 43.25, Penal Code; or
(8) Section 43.05(a)(2) (Compelling prostitution).
SECTION 2.07. The heading to Article 102.0186, Code of
Criminal Procedure, is amended to read as follows:
Art. 102.0186. ADDITIONAL COSTS ATTENDANT TO CERTAIN SEXUAL
OFFENSES COMMITTED AGAINST CHILDREN [CHILD SEXUAL ASSAULT AND
RELATED CONVICTIONS].
SECTION 2.08. Article 102.0186(a), Code of Criminal
Procedure, is amended to read as follows:
(a) A person convicted of an offense under any of the
following provisions of the Penal Code shall pay $100 on
conviction:
(1) Section 21.02, 21.11, 22.011(a)(2),
22.021(a)(1)(B), 43.05(a)(2), 43.25, 43.251, or 43.26; or
(2) Section 20A.02 if the defendant:
(A) trafficked a person younger than 18 years of
age with the intent or knowledge that the person would engage in
sexual conduct, as defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture
that involved a trafficked person younger than 18 years of age
engaging in sexual conduct, as defined by Section 43.25, Penal
Code[, shall pay $100 on conviction of the offense].
SECTION 2.09. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0187 to read as
follows:
Art. 102.0187. ADDITIONAL COSTS ATTENDANT TO CERTAIN
TRAFFICKING OF PERSONS AND COMPELLING PROSTITUTION CONVICTIONS.
(a) A person convicted of an offense under Section 20A.02 or 43.05,
Penal Code, shall pay $100 on conviction of the offense.
(b) Costs imposed under this article are imposed without
regard to whether the defendant is placed on community supervision
after being convicted of the offense or receives deferred
adjudication for the offense.
(c) Court costs under this article are collected in the same
manner as other fines or costs. An officer collecting the costs
shall keep separate records of the money collected as costs under
this article and shall deposit the money in the county treasury.
(d) The custodian of a county treasury shall:
(1) keep records of the amount of money on deposit
collected under this article;
(2) send to the comptroller, before the last day of the
first month following each calendar quarter, 50 percent of the
money collected under this article during the preceding quarter;
and
(3) deposit the remaining 50 percent of the money
collected under this article during the preceding quarter in a
trafficking of persons and compelling prostitution prevention fund
to be used only to pay for programs related to the prevention of
offenses involving the trafficking of persons or compelling
prostitution that are operated in the county in which the court is
located.
(e) The trafficking of persons and compelling prostitution
prevention fund shall be administered by or under the direction of
the commissioners court.
ARTICLE 3. CHANGES RELATING TO GOVERNMENT CODE
SECTION 3.01. Subchapter C, Chapter 71, Government Code, is
amended by adding Section 71.0353 to read as follows:
Sec. 71.0353. TRAFFICKING OF PERSONS INFORMATION. As a
component of the official monthly report submitted to the Office of
Court Administration of the Texas Judicial System, a district court
shall report the number of cases filed for the following offenses:
(1) trafficking of persons under Section 20A.02, Penal
Code;
(2) prostitution under Section 43.02, Penal Code; and
(3) compelling prostitution under Section 43.05,
Penal Code.
SECTION 3.02. Subchapter B, Chapter 102, Government Code,
is amended by adding Section 102.0219 to read as follows:
Sec. 102.0219. ADDITIONAL COURT COSTS: CODE OF CRIMINAL
PROCEDURE. A defendant who is convicted of an offense under Section
20A.02 or 43.05, Penal Code, shall pay a cost on conviction, in
addition to all other costs, to help fund the prevention of offenses
involving the trafficking of persons or compelling prostitution
(Art. 102.0187, Code of Criminal Procedure) . . . $100.
SECTION 3.03. Section 411.042(b), Government Code, is
amended to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of:
(A) offenses in which family violence was
involved;
(B) [and a statistical breakdown of] offenses
under Sections 22.011 and 22.021, Penal Code; and
(C) offenses under Sections 20A.02 and 43.05,
Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and all other pertinent information
about all persons on active protective orders. Information in the
law enforcement information system relating to an active protective
order shall include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Section 85.007, Family
Code;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Section 85.007, Family Code;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed; and
(G) the date the order expires;
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) collect and disseminate information regarding
offenders with mental impairments in compliance with Chapter 614,
Health and Safety Code; and
(9) record data and maintain a state database for a
computerized criminal history record system and computerized
juvenile justice information system that serves:
(A) as the record creation point for criminal
history record information and juvenile justice information
maintained by the state; and
(B) as the control terminal for the entry of
records, in accordance with federal law and regulations, federal
executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
SECTION 3.04. Section 508.187(a), Government Code, is
amended to read as follows:
(a) This section applies only to a releasee serving a
sentence for an offense under:
(1) Section 43.25 or 43.26, Penal Code;
(2) Section 21.02, 21.11, 22.011, 22.021, or 25.02,
Penal Code;
(3) Section 20.04(a)(4), Penal Code, if the releasee
committed the offense with the intent to violate or abuse the victim
sexually; [or]
(4) Section 30.02, Penal Code, punishable under
Subsection (d) of that section, if the releasee committed the
offense with the intent to commit a felony listed in Subdivision (2)
or (3);
(5) Section 43.05(a)(2), Penal Code; or
(6) Section 20A.02, Penal Code, if the defendant:
(A) trafficked the victim with the intent or
knowledge that the victim would engage in sexual conduct, as
defined by Section 43.25, Penal Code; or
(B) benefited from participating in a venture
that involved a trafficked victim engaging in sexual conduct, as
defined by Section 43.25, Penal Code.
SECTION 3.05. Sections 772.006(e) and (f), Government Code,
are amended to read as follows:
(e) The legislature may appropriate money from the
trafficking of persons investigation and prosecution account
created under Subsection (d) only to the criminal justice division
for the purposes of this subsection. The division may use the
appropriated money solely to distribute grants to qualified
applicants, as determined by the division, that:
(1) [counties that apply for the grants and that] have
dedicated full-time or part-time personnel to identify, prevent,
investigate, or prosecute offenses under Chapter 20A, Penal Code;
or [and]
(2) [nongovernmental organizations that apply for the
grants and that] provide comprehensive services in this state to
prevent the commission of offenses under Chapter 20A, Penal Code,
or to address the needs of victims of those offenses, including
public awareness activities, community outreach and training,
victim identification services, legal services, and other services
designed to assist victims.
(f) The total amount of grants that may be distributed under
this section [to counties and nongovernmental organizations] from
the trafficking of persons investigation and prosecution account
during each state fiscal year may not exceed $10 million.
ARTICLE 4. CHANGES RELATING TO PENAL CODE
SECTION 4.01. 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, 21.02, 21.11, 22.011, 22.021, 43.02,
43.05, 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 4.02. Section 25.08(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor commits the offense with intent to commit an offense under
Section 20A.02, 43.02, 43.05, or 43.25.
SECTION 4.03. Section 43.02(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if [unless] the actor has
previously been convicted one or two times of an offense under this
section;
(2) a state jail felony if[, in which event it is a
Class A misdemeanor. If] the actor has previously been convicted
three or more times of an offense under this section;
(3) a felony of the third degree if the person
solicited is 14 years of age or older and younger than 18 years of
age; or
(4) a felony of the second degree if the person
solicited is younger than 14 years of age[, the offense is a state
jail felony].
SECTION 4.04. Section 43.251(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the child is younger than 14 years of age at the time the offense is
committed [Class A misdemeanor].
ARTICLE 5. TRANSITION; EFFECTIVE DATE
SECTION 5.01. Except as provided by Section 5.02 of this
Act, the changes in law made by this Act apply 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 covered by the
law in effect when 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 5.02. The changes in law made by this Act to
Sections 11.44, 11.46, 11.64, and 61.42, Alcoholic Beverage Code,
apply only to an application for a license filed on or after the
effective date of this Act. An application for a license filed
before the effective date of this Act is governed by the law in
effect on the date the application was filed, and the former law is
continued in effect for that purpose.
SECTION 5.03. To the extent of any conflict, this Act
prevails over another Act of the 82nd Legislature, Regular Session,
2011, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 5.04. This Act takes effect September 1, 2011.