85R12944 SCL-F
By: Burns 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 coerced 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 a sign in accordance with this
section in each patient admission area, waiting room, restroom, and
patient consulting room. The sign must state:
WARNING: Obtaining forced labor or services is a crime under
Texas law. If you or someone you know is a victim of such a crime,
you are encouraged to call the national human trafficking hotline
at 1-888-373-7888. You may remain anonymous.
(b) A sign 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 sign must also be in that language.
(c) A sign 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 in violation of
Chapter 19.
SECTION 3. Section 22.01, Penal Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsections (b), (b-1), and (c), an
offense under Subsection (a)(1) or (2) is a felony of the second
degree if the actor intentionally or knowingly used force or the
threat of force to compel a woman to receive 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.