Texas 2015 - 84th Regular

Texas House Bill HB10 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R5211 LEH-F
2		-	By: Thompson of Harris, Hunter, Longoria, H.B. No. 10
3		-	Parker, Harless, et al.
	1	+	H.B. No. 10
4	2
5	3
6		-	A BILL TO BE ENTITLED
7	4		AN ACT
8		-	relating to certain criminal and civil consequences of trafficking
	5	+	rela
	6	+	ting to certain criminal and civil consequences of trafficking
9	7		of persons, compelling prostitution, and certain other related
10	8		criminal offenses; to the prevention, prosecution, and punishment
11	9		of those offenses, and to compensation paid to victims of those
12	10		offenses.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Article 12.01, Code of Criminal Procedure, is
15	13		amended to read as follows:
16	14		Art. 12.01. FELONIES. Except as provided in Article 12.03,
17	15		felony indictments may be presented within these limits, and not
18	16		afterward:
19	17		(1) no limitation:
20	18		(A) murder and manslaughter;
21	19		(B) sexual assault under Section 22.011(a)(2),
22	20		Penal Code, or aggravated sexual assault under Section
23	21		22.021(a)(1)(B), Penal Code;
24	22		(C) sexual assault, if during the investigation
25	23		of the offense biological matter is collected and subjected to
26	24		forensic DNA testing and the testing results show that the matter
27	25		does not match the victim or any other person whose identity is
28	26		readily ascertained;
29	27		(D) continuous sexual abuse of young child or
30	28		children under Section 21.02, Penal Code;
31	29		(E) indecency with a child under Section 21.11,
32	30		Penal Code;
33	31		(F) an offense involving leaving the scene of an
34	32		accident under Section 550.021, Transportation Code, if the
35	33		accident resulted in the death of a person;
36	34		(G) trafficking of persons under Section
37	35		20A.02(a)(7) or (8), Penal Code; [or]
38	36		(H) continuous trafficking of persons under
39	37		Section 20A.03, Penal Code; or
40	38		(I) compelling prostitution under Section
41	39		43.05(a)(2), Penal Code;
42	40		(2) ten years from the date of the commission of the
43	41		offense:
44	42		(A) theft of any estate, real, personal or mixed,
45	43		by an executor, administrator, guardian or trustee, with intent to
46	44		defraud any creditor, heir, legatee, ward, distributee,
47	45		beneficiary or settlor of a trust interested in such estate;
48	46		(B) theft by a public servant of government
49	47		property over which he exercises control in his official capacity;
50	48		(C) forgery or the uttering, using or passing of
51	49		forged instruments;
52	50		(D) injury to an elderly or disabled individual
53	51		punishable as a felony of the first degree under Section 22.04,
54	52		Penal Code;
55	53		(E) sexual assault, except as provided by
56	54		Subdivision (1);
57	55		(F) arson;
58	56		(G) trafficking of persons under Section
59	57		20A.02(a)(1), (2), (3), or (4), Penal Code; or
60	58		(H) compelling prostitution under Section
61	59		43.05(a)(1), Penal Code;
62	60		(3) seven years from the date of the commission of the
63	61		offense:
64	62		(A) misapplication of fiduciary property or
65	63		property of a financial institution;
66	64		(B) securing execution of document by deception;
67	65		(C) a felony violation under Chapter 162, Tax
68	66		Code;
69	67		(D) false statement to obtain property or credit
70	68		under Section 32.32, Penal Code;
71	69		(E) money laundering;
72	70		(F) credit card or debit card abuse under Section
73	71		32.31, Penal Code;
74	72		(G) fraudulent use or possession of identifying
75	73		information under Section 32.51, Penal Code;
76	74		(H) Medicaid fraud under Section 35A.02, Penal
77	75		Code; or
78	76		(I) bigamy under Section 25.01, Penal Code,
79	77		except as provided by Subdivision (6);
80	78		(4) five years from the date of the commission of the
81	79		offense:
82	80		(A) theft or robbery;
83	81		(B) except as provided by Subdivision (5),
84	82		kidnapping or burglary;
85	83		(C) injury to an elderly or disabled individual
86	84		that is not punishable as a felony of the first degree under Section
87	85		22.04, Penal Code;
88	86		(D) abandoning or endangering a child; or
89	87		(E) insurance fraud;
90	88		(5) if the investigation of the offense shows that the
91	89		victim is younger than 17 years of age at the time the offense is
92	90		committed, 20 years from the 18th birthday of the victim of one of
93	91		the following offenses:
94	92		(A) sexual performance by a child under Section
95	93		43.25, Penal Code;
96	94		(B) aggravated kidnapping under Section
97	95		20.04(a)(4), Penal Code, if the defendant committed the offense
98	96		with the intent to violate or abuse the victim sexually; or
99	97		(C) burglary under Section 30.02, Penal Code, if
100	98		the offense is punishable under Subsection (d) of that section and
101	99		the defendant committed the offense with the intent to commit an
102	100		offense described by Subdivision (1)(B) or (D) of this article or
103	101		Paragraph (B) of this subdivision;
104	102		(6) ten years from the 18th birthday of the victim of
105	103		the offense:
106	104		(A) trafficking of persons under Section
107	105		20A.02(a)(5) or (6), Penal Code;
108	106		(B) injury to a child under Section 22.04, Penal
109	107		Code; or
110	108		(C) [compelling prostitution under Section
111	109		43.05(a)(2), Penal Code; or
112	110		[(D)] bigamy under Section 25.01, Penal Code, if
113	111		the investigation of the offense shows that the person, other than
114	112		the legal spouse of the defendant, whom the defendant marries or
115	113		purports to marry or with whom the defendant lives under the
116	114		appearance of being married is younger than 18 years of age at the
117	115		time the offense is committed; or
118	116		(7) three years from the date of the commission of the
119	117		offense: all other felonies.
120	118		SECTION 2. Article 56.32(a)(14), Code of Criminal
121	119		Procedure, is amended to read as follows:
122	120		(14) "Trafficking of persons" means any offense that
123	121		results in a person engaging in forced labor or services, including
124	122		sexual conduct, and that may be prosecuted under Section 20A.02,
125	123		20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code.
126	124		SECTION 3. Article 56.41, Code of Criminal Procedure, is
127	125		amended by adding Subsection (b-1) to read as follows:
128	126		(b-1) Subsection (b)(3) does not apply to a claimant or
129	127		victim who seeks compensation for criminally injurious conduct that
130	128		is:
131	129		(1) in violation of Section 20A.02(a)(7), Penal Code;
132	130		or
133	131		(2) trafficking of persons, other than an offense
134	132		described by Subdivision (1), if the criminally injurious conduct
135	133		the claimant or victim participated in was the result of force,
136	134		fraud, or coercion.
137	135		SECTION 4. Article 56.45, Code of Criminal Procedure, is
138	136		amended to read as follows:
139	137		Art. 56.45. DENIAL OR REDUCTION OF AWARD. (a) The attorney
140	138		general may deny or reduce an award otherwise payable:
141	139		(1) if the claimant or victim has not substantially
142	140		cooperated with an appropriate law enforcement agency;
143	141		(2) if the claimant or victim bears a share of the
144	142		responsibility for the act or omission giving rise to the claim
145	143		because of the claimant's or victim's behavior;
146	144		(3) to the extent that pecuniary loss is recouped from
147	145		a collateral source; or
148	146		(4) if the claimant or victim was engaging in an
149	147		activity that at the time of the criminally injurious conduct was
150	148		prohibited by law or a rule made under law.
151	149		(b) Subsection (a)(4) does not apply to a claimant or victim
152	150		who seeks compensation for criminally injurious conduct that is:
153	151		(1) in violation of Section 20A.02(a)(7), Penal Code;
154	152		or
155	153		(2) trafficking of persons, other than an offense
156	154		described by Subdivision (1), if the activity the claimant or
157	155		victim engaged in was the result of force, fraud, or coercion.
158	156		SECTION 5. Article 62.001(5), Code of Criminal Procedure,
159	157		is amended to read as follows:
160	158		(5) "Reportable conviction or adjudication" means a
161	159		conviction or adjudication, including an adjudication of
162	160		delinquent conduct or a deferred adjudication, that, regardless of
163	161		the pendency of an appeal, is a conviction for or an adjudication
164	162		for or based on:
165	163		(A) a violation of Section 21.02 (Continuous
166	164		sexual abuse of young child or children), 21.11 (Indecency with a
167	165		child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
168	166		assault), or 25.02 (Prohibited sexual conduct), Penal Code;
169	167		(B) a violation of Section 43.05 (Compelling
170	168		prostitution), 43.25 (Sexual performance by a child), or 43.26
171	169		(Possession or promotion of child pornography), Penal Code;
172	170		(B-1) a violation of Section 43.02
173	171		(Prostitution), Penal Code, if the offense is punishable under
174	172		Subsection (c)(3) of that section;
175	173		(C) a violation of Section 20.04(a)(4)
176	174		(Aggravated kidnapping), Penal Code, if the actor committed the
177	175		offense or engaged in the conduct with intent to violate or abuse
178	176		the victim sexually;
179	177		(D) a violation of Section 30.02 (Burglary),
180	178		Penal Code, if the offense or conduct is punishable under
181	179		Subsection (d) of that section and the actor committed the offense
182	180		or engaged in the conduct with intent to commit a felony listed in
183	181		Paragraph (A) or (C);
184	182		(E) a violation of Section 20.02 (Unlawful
185	183		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
186	184		Penal Code, if, as applicable:
187	185		(i) the judgment in the case contains an
188	186		affirmative finding under Article 42.015; or
189	187		(ii) the order in the hearing or the papers
190	188		in the case contain an affirmative finding that the victim or
191	189		intended victim was younger than 17 years of age;
192	190		(F) the second violation of Section 21.08
193	191		(Indecent exposure), Penal Code, but not if the second violation
194	192		results in a deferred adjudication;
195	193		(G) an attempt, conspiracy, or solicitation, as
196	194		defined by Chapter 15, Penal Code, to commit an offense or engage in
197	195		conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
198	196		(H) a violation of the laws of another state,
199	197		federal law, the laws of a foreign country, or the Uniform Code of
200	198		Military Justice for or based on the violation of an offense
201	199		containing elements that are substantially similar to the elements
202	200		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
203	201		(G), (J), or (K), but not if the violation results in a deferred
204	202		adjudication;
205	203		(I) the second violation of the laws of another
206	204		state, federal law, the laws of a foreign country, or the Uniform
207	205		Code of Military Justice for or based on the violation of an offense
208	206		containing elements that are substantially similar to the elements
209	207		of the offense of indecent exposure, but not if the second violation
210	208		results in a deferred adjudication;
211	209		(J) a violation of Section 33.021 (Online
212	210		solicitation of a minor), Penal Code; or
213	211		(K) a violation of Section 20A.02(a)(3), (4),
214	212		(7), or (8) (Trafficking of persons), Penal Code.
215	213		SECTION 6. Section 38.004(a), Education Code, is amended to
216	214		read as follows:
217	215		(a) The agency shall develop a policy governing the reports
218	216		of child abuse or neglect, including reports related to the
219	217		trafficking of a child under Section 20A.02(a)(5), (6), (7), or
220	218		(8), Penal Code, as required by Chapter 261, Family Code, for [of]
221	219		school districts, open-enrollment charter schools, and their
222	220		employees. The policy must provide for cooperation with law
223	221		enforcement child abuse investigations without the consent of the
224	222		child's parents if necessary, including investigations by the
225	223		Department of Family and Protective Services. The policy must
226	224		require each school district and open-enrollment charter school
227	225		employee to report child abuse or neglect, including the
228	226		trafficking of a child under Section 20A.02(a)(5) or (7), Penal
229	227		Code, in the manner required by Chapter 261, Family Code. Each
230	228		school district and open-enrollment charter school shall adopt the
231	229		policy.
232	230		SECTION 7. Section 22.011, Government Code, is amended to
233	231		read as follows:
234	232		Sec. 22.011. JUDICIAL INSTRUCTION RELATED TO FAMILY
235	233		VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD ABUSE.
236	234		(a) The supreme court shall provide judicial training related to
237	235		the problems of family violence, sexual assault, trafficking of
238	236		persons, and child abuse and to issues concerning sex offender
239	237		characteristics.
240	238		(d) The instruction must include information about:
241	239		(1) statutory and case law relating to videotaping a
242	240		child's testimony and relating to competency of children to
243	241		testify;
244	242		(2) methods for eliminating the trauma to the child
245	243		caused by the court process;
246	244		(3) case law, statutory law, and procedural rules
247	245		relating to family violence, sexual assault, trafficking of
248	246		persons, and child abuse;
249	247		(4) methods for providing protection for victims of
250	248		family violence, sexual assault, trafficking of persons, or child
251	249		abuse;
252	250		(5) available community and state resources for
253	251		counseling and other aid to victims and to offenders;
254	252		(6) gender bias in the judicial process;
255	253		(7) dynamics and effects of being a victim of family
256	254		violence, sexual assault, trafficking of persons, or child abuse;
257	255		and
258	256		(8) issues concerning sex offender characteristics.
259	257		SECTION 8. The heading to Section 22.110, Government Code,
260	258		is amended to read as follows:
261	259		Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY
262	260		VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD ABUSE
263	261		AND NEGLECT.
264	262		SECTION 9. Sections 22.110(a), (b), and (d), Government
265	263		Code, are amended to read as follows:
266	264		(a) The court of criminal appeals shall assure that judicial
267	265		training related to the problems of family violence, sexual
268	266		assault, trafficking of persons, and child abuse and neglect is
269	267		provided.
270	268		(b) The court of criminal appeals shall adopt the rules
271	269		necessary to accomplish the purposes of this section. The rules
272	270		must require each district judge, judge of a statutory county
273	271		court, associate judge appointed under Chapter 54A of this code or
274	272		Chapter 201, Family Code, master, referee, and magistrate to
275	273		complete at least 12 hours of the training within the judge's first
276	274		term of office or the judicial officer's first four years of service
277	275		and provide a method for certification of completion of that
278	276		training. At least four hours of the training must be dedicated to
279	277		issues related to trafficking of persons and child abuse and
280	278		neglect and must cover at least two of the topics described in
281	279		Subsections (d)(8)-(12). At least six hours of the training must be
282	280		dedicated to the training described by Subsections (d)(5), (6), and
283	281		(7). The rules must require each judge and judicial officer to
284	282		complete an additional five hours of training during each
285	283		additional term in office or four years of service. At least two
286	284		hours of the additional training must be dedicated to issues
287	285		related to trafficking of persons and child abuse and neglect. The
288	286		rules must exempt from the training requirement of this subsection
289	287		each judge or judicial officer who files an affidavit stating that
290	288		the judge or judicial officer does not hear any cases involving
291	289		family violence, sexual assault, trafficking of persons, or child
292	290		abuse and neglect.
293	291		(d) The instruction must include information about:
294	292		(1) statutory and case law relating to videotaping a
295	293		child's testimony and relating to competency of children to
296	294		testify;
297	295		(2) methods for eliminating the trauma to the child
298	296		caused by the court process;
299	297		(3) case law, statutory law, and procedural rules
300	298		relating to family violence, sexual assault, trafficking of
301	299		persons, and child abuse and neglect;
302	300		(4) methods for providing protection for victims of
303	301		family violence, sexual assault, trafficking of persons, and child
304	302		abuse and neglect;
305	303		(5) available community and state resources for
306	304		counseling and other aid to victims and to offenders;
307	305		(6) gender bias in the judicial process;
308	306		(7) dynamics and effects of being a victim of family
309	307		violence, sexual assault, trafficking of persons, or child abuse
310	308		and neglect;
311	309		(8) dynamics of sexual abuse of children, including
312	310		child abuse accommodation syndrome and grooming;
313	311		(9) impact of substance abuse on an unborn child and on
314	312		a person's ability to care for a child;
315	313		(10) issues of attachment and bonding between children
316	314		and caregivers;
317	315		(11) issues of child development that pertain to
318	316		trafficking of persons and child abuse and neglect; and
319	317		(12) medical findings regarding physical abuse,
320	318		sexual abuse, trafficking of persons, and child abuse and neglect.
321	319		SECTION 10. Section 402.035, Government Code, is amended by
322	320		amending Subsections (c), (d), and (h) and adding Subsections (f-1)
323	321		and (f-2) to read as follows:
324	322		(c) The task force is composed of the following:
325	323		(1) the governor or the governor's designee;
326	324		(2) the attorney general or the attorney general's
327	325		designee;
328	326		(3) the executive commissioner of the Health and Human
329	327		Services Commission or the executive commissioner's designee;
330	328		(4) the commissioner of the Department of Family and
331	329		Protective Services or the commissioner's designee;
332	330		(5) the commissioner of the Department of State Health
333	331		Services or the commissioner's designee;
334	332		(6) the public safety director of the Department of
335	333		Public Safety or the director's designee;
336	334		(7) one representative from each of the following
337	335		state agencies, appointed by the chief administrative officer of
338	336		the respective agency:
339	337		(A) the Texas Workforce Commission;
340	338		(B) the Texas Department of Criminal Justice;
341	339		(C) the Texas Juvenile Justice Department [Youth
342	340		Commission];
343	341		(D) the Texas Education Agency [Juvenile
344	342		Probation Commission]; [and]
345	343		(E) the Texas Alcoholic Beverage Commission;
346	344		[and]
347	345		(F) the Texas Parks and Wildlife Department; and
348	346		(G) the Supreme Court of Texas Permanent Judicial
349	347		Commission for Children, Youth and Families; and
350	348		(8) as appointed by the attorney general:
351	349		(A) a chief public defender employed by a public
352	350		defender's office, as defined by Article 26.044(a), Code of
353	351		Criminal Procedure, or an attorney designated by the chief public
354	352		defender;
355	353		(B) an attorney representing the state;
356	354		(C) a representative of:
357	355		(i) a hotel and motel association;
358	356		(ii) a district and county attorneys
359	357		association; and
360	358		(iii) a state police association;
361	359		(D) representatives of sheriff's departments;
362	360		(E) representatives of local law enforcement
363	361		agencies affected by human trafficking; and
364	362		(F) representatives of nongovernmental entities
365	363		making comprehensive efforts to combat human trafficking by:
366	364		(i) identifying human trafficking victims;
367	365		(ii) providing legal or other services to
368	366		human trafficking victims;
369	367		(iii) participating in community outreach
370	368		or public awareness efforts regarding human trafficking;
371	369		(iv) providing or developing training
372	370		regarding the prevention of human trafficking; or
373	371		(v) engaging in other activities designed
374	372		to prevent human trafficking.
375	373		(d) The task force shall:
376	374		(1) collaborate, as needed to fulfill the duties of
377	375		the task force, with:
378	376		(A) United States Attorneys' Offices [attorneys]
379	377		for all of the federal districts of Texas; and
380	378		(B) special agents or customs and border
381	379		protection officers and border patrol agents of:
382	380		(i) the Federal Bureau of Investigation;
383	381		(ii) the United States Drug Enforcement
384	382		Administration;
385	383		(iii) the Bureau of Alcohol, Tobacco,
386	384		Firearms and Explosives;
387	385		(iv) United States Immigration and Customs
388	386		Enforcement; or
389	387		(v) the United States Department of
390	388		Homeland Security;
391	389		(2) collect, organize, and periodically publish
392	390		statistical data on the nature and extent of human trafficking in
393	391		this state, including data described by Subdivisions (4)(A), (B),
394	392		(C), (D), and (E);
395	393		(3) solicit cooperation and assistance from state and
396	394		local governmental agencies, political subdivisions of the state,
397	395		nongovernmental organizations, and other persons, as appropriate,
398	396		for the purpose of collecting and organizing statistical data under
399	397		Subdivision (2);
400	398		(4) ensure that each state or local governmental
401	399		agency and political subdivision of the state and each state or
402	400		local law enforcement agency, district attorney, or county attorney
403	401		that assists in the prevention of human trafficking collects
404	402		statistical data related to human trafficking, including, as
405	403		appropriate:
406	404		(A) the number of investigations concerning,
407	405		arrests and prosecutions for, and convictions of:
408	406		(i) the offense of trafficking of persons;
409	407		and
410	408		(ii) the offense of forgery or an offense
411	409		under Chapter 43, Penal Code, if committed as part of a criminal
412	410		episode involving the trafficking of persons;
413	411		(B) demographic information on persons who are
414	412		convicted of offenses described by Paragraph (A) and persons who
415	413		are the victims of those offenses;
416	414		(C) geographic routes by which human trafficking
417	415		victims are trafficked, including routes by which victims are
418	416		trafficked across this state's international border, and
419	417		geographic patterns in human trafficking, including the country or
420	418		state of origin and the country or state of destination;
421	419		(D) means of transportation and methods used by
422	420		persons who engage in trafficking to transport their victims; and
423	421		(E) social and economic factors that create a
424	422		demand for the labor or services that victims of human trafficking
425	423		are forced to provide;
426	424		(5) work with the Texas Commission on Law Enforcement
427	425		[Officer Standards and Education] to develop and conduct training
428	426		for law enforcement personnel, victim service providers, and
429	427		medical service providers to identify victims of human trafficking;
430	428		(6) work with the Texas Education Agency, the
431	429		Department of Family and Protective Services, and the Health and
432	430		Human Services Commission to:
433	431		(A) develop a list of key indicators that a
434	432		person is a victim of human trafficking;
435	433		(B) develop a standardized curriculum for
436	434		training doctors, nurses, emergency medical services personnel,
437	435		teachers, school counselors, school administrators, and personnel
438	436		from the Department of Family and Protective Services and the
439	437		Health and Human Services Commission to identify and assist victims
440	438		of human trafficking;
441	439		(C) train doctors, nurses, emergency medical
442	440		services personnel, teachers, school counselors, school
443	441		administrators, and personnel from the Department of Family and
444	442		Protective Services and the Health and Human Services Commission to
445	443		identify and assist victims of human trafficking;
446	444		(D) develop and conduct training for personnel
447	445		from the Department of Family and Protective Services and the
448	446		Health and Human Services Commission on methods for identifying
449	447		children in foster care who may be at risk of becoming victims of
450	448		human trafficking; and
451	449		(E) develop a process for referring identified
452	450		human trafficking victims and individuals at risk of becoming
453	451		victims to appropriate entities for services;
454	452		(7) on the request of a judge of a county court, county
455	453		court at law, or district court or a county attorney, district
456	454		attorney, or criminal district attorney, assist and train the judge
457	455		or the judge's staff or the attorney or the attorney's staff in the
458	456		recognition and prevention of human trafficking;
459	457		(8) examine training protocols related to human
460	458		trafficking issues, as developed and implemented by federal, state,
461	459		and local law enforcement agencies;
462	460		(9) collaborate with state and local governmental
463	461		agencies, political subdivisions of the state, and nongovernmental
464	462		organizations to implement a media awareness campaign in
465	463		communities affected by human trafficking;
466	464		(10) develop recommendations on how to strengthen
467	465		state and local efforts to prevent human trafficking, protect and
468		-	assist human trafficking victims, and investigate and prosecute
469		-	human trafficking offenders; and
	466	+	assist human trafficking victims, curb markets and other economic
	467	+	avenues that facilitate human trafficking and investigate and
	468	+	prosecute human trafficking offenders; [and]
470	469		(11) examine the extent to which human trafficking is
471	470		associated with the operation of sexually oriented businesses, as
472	471		defined by Section 243.002, Local Government Code, and the
473	472		workplace or public health concerns that are created by the
474	473		association of human trafficking and the operation of sexually
475		-	oriented businesses.
	474	+	oriented businesses; and
	475	+	(12) identify and report to the governor and
	476	+	legislature on laws, licensure requirements, or other regulations
	477	+	that can be passed at the state and local level to curb trafficking
	478	+	using the Internet and in sexually oriented businesses.
476	479		(f-1) The following state agencies shall designate an
477	480		individual who is authorized to coordinate the agency's resources
478	481		to strengthen state and local efforts to prevent human trafficking,
479	482		protect and assist human trafficking victims, and investigate and
480	483		prosecute human trafficking offenders:
481	484		(1) the Texas Alcoholic Beverage Commission;
482	485		(2) the Department of Family and Protective Services;
483	486		(3) the Department of Public Safety;
484	487		(4) the Department of State Health Services;
485	488		(5) the Health and Human Services Commission;
486	489		(6) the Texas Juvenile Justice Department;
487	490		(7) the office of the attorney general; and
488	491		(8) the office of the governor.
489	492		(f-2) Each state agency shall provide to the task force the
490	493		name of the individual designated under Subsection (f-1).
491	494		(h) This section expires September 1, 2017 [2015].
492	495		SECTION 11. Chapter 772, Government Code, is amended by
493	496		adding Section 772.0062 to read as follows:
494	497		Sec. 772.0062. CHILD SEX TRAFFICKING PREVENTION UNIT. (a)
495	498		In this section:
496	499		(1) "Child sex trafficking" means conduct prohibited
497	500		under Section 20A.02(a)(7) or (8), Penal Code.
498	501		(2) "Unit" means the Child Sex Trafficking Prevention
499	502		Unit.
500	503		(b) The governor shall establish the Child Sex Trafficking
501	504		Prevention Unit within the criminal justice division established
502	505		under Section 772.006.
503	506		(c) The governor shall appoint a director for the unit to
504	507		serve at the pleasure of the governor.
505	508		(d) The unit shall:
506	509		(1) assist the following agencies in leveraging and
507	510		coordinating state resources directed toward child sex trafficking
508	511		prevention:
509	512		(A) the office of the attorney general;
510	513		(B) the Health and Human Services Commission;
511	514		(C) the Department of Family and Protective
512	515		Services;
513	516		(D) the Texas Juvenile Justice Department;
514	517		(E) the Department of State Health Services;
515	518		(F) the Texas Alcoholic Beverage Commission; and
516	519		(G) the Department of Public Safety;
517	520		(2) facilitate collaborative efforts among the
518	521		agencies under Subdivision (1) to:
519	522		(A) prevent child sex trafficking;
520	523		(B) recover victims of child sex trafficking; and
521	524		(C) place victims of child sex trafficking in
522	525		suitable short-term and long-term housing;
523	526		(3) collect and analyze research and information in
524	527		all areas related to child sex trafficking, and distribute the
525	528		research, information, and analyses to the agencies and to relevant
526	529		nonprofit organizations;
527	530		(4) refer victims of child sex trafficking to
528	531		available rehabilitation programs and other resources;
529	532		(5) provide support for child sex trafficking
530	533		prosecutions; and
531	534		(6) develop recommendations for improving state
532	535		efforts to prevent child sex trafficking, to be submitted to the
533	536		legislature as part of the criminal justice division's biennial
534	537		report required under Section 772.006(a)(9).
535	538		SECTION 12. Section 20A.03(a), Penal Code, is amended to
536	539		read as follows:
537	540		(a) A person commits an offense if, during a period that is
538	541		30 or more days in duration, the person engages two or more times in
539	542		conduct that constitutes an offense under Section 20A.02 against
540	543		one or more victims.
541	544		SECTION 13. Chapter 20A, Penal Code, is amended by adding
542	545		Section 20A.04 to read as follows:
543	546		Sec. 20A.04. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY.
544	547		(a) A party to an offense under this chapter may be required to
545	548		provide evidence or testify about the offense.
546	549		(b) A party to an offense under this chapter may not be
547	550		prosecuted for any offense about which the party is required to
548	551		provide evidence or testify, and the evidence and testimony may not
549	552		be used against the party in any adjudicatory proceeding except a
550	553		prosecution for aggravated perjury. For purposes of this
551	554		subsection, "adjudicatory proceeding" means a proceeding before a
552	555		court or any other agency of government in which the legal rights,
553	556		powers, duties, or privileges of specified parties are determined.
554	557		(c) A conviction under this chapter may be had on the
555	558		uncorroborated testimony of a party to the offense.
556	559		SECTION 14. Section 43.02(c), Penal Code, is amended to
557	560		read as follows:
558	561		(c) An offense under this section is a Class B misdemeanor,
559	562		except that the offense is:
560	563		(1) a Class A misdemeanor if the actor has previously
561	564		been convicted one or two times of an offense under this section;
562	565		(2) a state jail felony if the actor has previously
563	566		been convicted three or more times of an offense under this section;
564	567		or
565	568		(3) a felony of the second degree if the person
566	569		solicited is:
567	570		(A) younger than 18 years of age, regardless of
568	571		whether the actor knows the age of the person solicited at the time
569	572		the actor commits the offense;
570	573		(B) represented to the actor as being younger
571	574		than 18 years of age; or
572	575		(C) believed by the actor to be younger than 18
573	576		years of age.
574	577		SECTION 15. The change in law made by this Act to Article
575	578		12.01, Code of Criminal Procedure, does not apply to an offense if
576	579		the prosecution of that offense becomes barred by limitation before
577	580		the effective date of this Act. The prosecution of that offense
578	581		remains barred as if this Act had not taken effect.
579	582		SECTION 16. The changes in law made by this Act to Chapter
580	583		56, Code of Criminal Procedure, apply only to a criminal offense
581	584		committed or a violation that occurs on or after the effective date
582	585		of this Act. A criminal offense committed or a violation that
583	586		occurs before the effective date of this Act is governed by the law
584	587		in effect on the date the offense was committed or the violation
585	588		occurred, and the former law is continued in effect for that
586	589		purpose. For purposes of this section, a criminal offense was
587	590		committed or a violation occurred before the effective date of this
588	591		Act if any element of the offense or violation occurred before that
589	592		date.
590	593		SECTION 17. The changes in law made by this Act to Article
591	594		62.001(5), Code of Criminal Procedure, and Sections 20A.03 and
592	595		43.02, Penal Code, apply only to an offense committed on or after
593	596		the effective date of this Act. An offense committed before the
594	597		effective date of this Act is governed by the law in effect on the
595	598		date the offense was committed, and the former law is continued in
596	599		effect for that purpose. For purposes of this section, an offense
597	600		was committed before the effective date of this Act if any element
598	601		of the offense occurred before that date.
599	602		SECTION 18. (a) Not later than December 1, 2015, the
600	603		Supreme Court of Texas shall adopt the rules necessary to provide
601	604		the training required under Section 22.011, Government Code, as
602	605		amended by this Act.
603	606		(b) Not later than December 1, 2015, the Texas Court of
604	607		Criminal Appeals shall adopt the rules necessary to provide the
605	608		training required under Section 22.110, Government Code, as amended
606	609		by this Act.
607	610		(c) Notwithstanding Section 22.110, Government Code, as
608	611		amended by this Act, a judge, master, referee, and magistrate who is
609	612		in office on the effective date of this Act must complete the
610	613		training required by Section 22.110, Government Code, as amended by
611	614		this Act, as applicable, not later than December 1, 2017.
612	615		SECTION 19. The change in law made by this Act in adding
613	616		Section 20A.04, Penal Code, applies to a criminal proceeding that
614	617		commences on or after the effective date of this Act. A criminal
615	618		proceeding that commences before the effective date of this Act is
616	619		covered by the law in effect when the proceeding commenced, and the
617	620		former law is continued in effect for that purpose.
618	621		SECTION 20. This Act takes effect September 1, 2015.
	622	+	______________________________ ______________________________
	623	+	President of the Senate Speaker of the House
	624	+	I certify that H.B. No. 10 was passed by the House on March
	625	+	17, 2015, by the following vote: Yeas 145, Nays 0, 1 present, not
	626	+	voting; and that the House concurred in Senate amendments to H.B.
	627	+	No. 10 on May 26, 2015, by the following vote: Yeas 146, Nays 0, 2
	628	+	present, not voting.
	629	+	______________________________
	630	+	Chief Clerk of the House
	631	+	I certify that H.B. No. 10 was passed by the Senate, with
	632	+	amendments, on May 22, 2015, by the following vote: Yeas 31, Nays
	633	+	0.
	634	+	______________________________
	635	+	Secretary of the Senate
	636	+	APPROVED: __________________
	637	+	Date
	638	+	__________________
	639	+	Governor