85R24569 SCL-F
By: Burns, Shine, Paul, Burkett, Nevárez, H.B. No. 2858
et al.
Substitute the following for H.B. No. 2858:
By: Paddie C.S.H.B. No. 2858
A BILL TO BE ENTITLED
AN ACT
relating to human trafficking signs at abortion facilities and
offenses associated with human trafficking and forced abortion;
increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 245, Health and Safety Code, is amended
by adding Section 245.025 to read as follows:
Sec. 245.025. HUMAN TRAFFICKING SIGNS REQUIRED. (a) An
abortion facility shall display separate signs, in English,
Spanish, and any additional language as required by Subsection (b),
side by side in accordance with this section in each restroom and
patient consulting room. The signs must include the following
information:
(1) no person, including an individual's parents, may
force any individual to have an abortion;
(2) it is illegal for a person to force an individual
to engage in sexual acts;
(3) a woman who needs help may call or text a state or
national organization that assists victims of human trafficking and
forced abortions; and
(4) the toll-free number of an organization described
by Subdivision (3).
(b) Signs required under this section must be in English and
Spanish. If an abortion facility is located in a political
subdivision required to provide election materials in a language
other than English or Spanish under Section 272.011, Election Code,
the facility shall display a separate sign in that language.
(c) Signs required under this section must be at least 8-1/2
by 11 inches in size and displayed in a conspicuous manner clearly
visible to the public and employees of an abortion facility. The
notice must cover at least four-fifths of the sign.
(d) The executive commissioner shall adopt rules as
necessary to implement and enforce this section.
SECTION 2. Section 20A.02(b), Penal Code, is amended to
read as follows:
(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), 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; or
(3) the commission of the offense results in the death
of an unborn child of the person who is trafficked.
SECTION 3. Sections 22.01(b) and (c), Penal Code, are
amended to read as follows:
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if the offense is committed against:
(1) a person the actor knows is a public servant while
the public servant is lawfully discharging an official duty, or in
retaliation or on account of an exercise of official power or
performance of an official duty as a public servant;
(2) a person whose relationship to or association with
the defendant is described by Section 71.0021(b), 71.003, or
71.005, Family Code, if:
(A) it is shown on the trial of the offense that
the defendant has been previously convicted of an offense under
this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
against a person whose relationship to or association with the
defendant is described by Section 71.0021(b), 71.003, or 71.005,
Family Code; or
(B) the offense is committed by intentionally,
knowingly, or recklessly impeding the normal breathing or
circulation of the blood of the person by applying pressure to the
person's throat or neck or by blocking the person's nose or mouth;
(3) a person who contracts with government to perform
a service in a facility as defined by Section 1.07(a)(14), Penal
Code, or Section 51.02(13) or (14), Family Code, or an employee of
that person:
(A) while the person or employee is engaged in
performing a service within the scope of the contract, if the actor
knows the person or employee is authorized by government to provide
the service; or
(B) in retaliation for or on account of the
person's or employee's performance of a service within the scope of
the contract;
(4) a person the actor knows is a security officer
while the officer is performing a duty as a security officer; [or]
(5) a person the actor knows is emergency services
personnel while the person is providing emergency services; or
(6) a pregnant individual to force the individual to
have an abortion.
(c) An offense under Subsection (a)(2) or (3) is a Class C
misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the offense is committed
under Subsection (a)(3) against an elderly individual or disabled
individual, as those terms are defined by Section 22.04; [or]
(2) a Class B misdemeanor if the offense is committed
by a person who is not a sports participant against a person the
actor knows is a sports participant either:
(A) while the participant is performing duties or
responsibilities in the participant's capacity as a sports
participant; or
(B) in retaliation for or on account of the
participant's performance of a duty or responsibility within the
participant's capacity as a sports participant; or
(3) a Class A misdemeanor if the offense is committed
against a pregnant individual to force the individual to have an
abortion.
SECTION 4. (a) Not later than December 1, 2017, the
executive commissioner of the Health and Human Services Commission
shall adopt the rules necessary to implement Section 245.025,
Health and Safety Code, as added by this Act.
(b) An abortion facility is not required to comply with
Section 245.025, Health and Safety Code, as added by this Act,
before January 1, 2018.
SECTION 5. Sections 20A.02 and 22.01, Penal Code, as
amended 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 governed by the law in effect on the
date the offense was committed, and that 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 was committed before that date.
SECTION 6. This Act takes effect September 1, 2017.