Texas 2017 - 85th Regular

Texas House Bill HB2858 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	85R24569 SCL-F
2	2	By: Burns, Shine, Paul, Burkett, Nevárez, H.B. No. 2858
3	3	et al.
4	4	Substitute the following for H.B. No. 2858:
5	5	By: Paddie C.S.H.B. No. 2858
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to human trafficking signs at abortion facilities and
11	11	offenses associated with human trafficking and forced abortion;
12	12	increasing criminal penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 245, Health and Safety Code, is amended
15	15	by adding Section 245.025 to read as follows:
16	16	Sec. 245.025. HUMAN TRAFFICKING SIGNS REQUIRED. (a) An
17	17	abortion facility shall display separate signs, in English,
18	18	Spanish, and any additional language as required by Subsection (b),
19	19	side by side in accordance with this section in each restroom and
20	20	patient consulting room. The signs must include the following
21	21	information:
22	22	(1) no person, including an individual's parents, may
23	23	force any individual to have an abortion;
24	24	(2) it is illegal for a person to force an individual
25	25	to engage in sexual acts;
26	26	(3) a woman who needs help may call or text a state or
27	27	national organization that assists victims of human trafficking and
28	28	forced abortions; and
29	29	(4) the toll-free number of an organization described
30	30	by Subdivision (3).
31	31	(b) Signs required under this section must be in English and
32	32	Spanish. If an abortion facility is located in a political
33	33	subdivision required to provide election materials in a language
34	34	other than English or Spanish under Section 272.011, Election Code,
35	35	the facility shall display a separate sign in that language.
36	36	(c) Signs required under this section must be at least 8-1/2
37	37	by 11 inches in size and displayed in a conspicuous manner clearly
38	38	visible to the public and employees of an abortion facility. The
39	39	notice must cover at least four-fifths of the sign.
40	40	(d) The executive commissioner shall adopt rules as
41	41	necessary to implement and enforce this section.
42	42	SECTION 2. Section 20A.02(b), Penal Code, is amended to
43	43	read as follows:
44	44	(b) Except as otherwise provided by this subsection, an
45	45	offense under this section is a felony of the second degree. An
46	46	offense under this section is a felony of the first degree if:
47	47	(1) the applicable conduct constitutes an offense
48	48	under Subsection (a)(5), (6), (7), or (8), regardless of whether
49	49	the actor knows the age of the child at the time the actor commits
50	50	the offense; [or]
51	51	(2) the commission of the offense results in the death
52	52	of the person who is trafficked; or
53	53	(3) the commission of the offense results in the death
54	54	of an unborn child of the person who is trafficked.
55	55	SECTION 3. Sections 22.01(b) and (c), Penal Code, are
56	56	amended to read as follows:
57	57	(b) An offense under Subsection (a)(1) is a Class A
58	58	misdemeanor, except that the offense is a felony of the third degree
59	59	if the offense is committed against:
60	60	(1) a person the actor knows is a public servant while
61	61	the public servant is lawfully discharging an official duty, or in
62	62	retaliation or on account of an exercise of official power or
63	63	performance of an official duty as a public servant;
64	64	(2) a person whose relationship to or association with
65	65	the defendant is described by Section 71.0021(b), 71.003, or
66	66	71.005, Family Code, if:
67	67	(A) it is shown on the trial of the offense that
68	68	the defendant has been previously convicted of an offense under
69	69	this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11
70	70	against a person whose relationship to or association with the
71	71	defendant is described by Section 71.0021(b), 71.003, or 71.005,
72	72	Family Code; or
73	73	(B) the offense is committed by intentionally,
74	74	knowingly, or recklessly impeding the normal breathing or
75	75	circulation of the blood of the person by applying pressure to the
76	76	person's throat or neck or by blocking the person's nose or mouth;
77	77	(3) a person who contracts with government to perform
78	78	a service in a facility as defined by Section 1.07(a)(14), Penal
79	79	Code, or Section 51.02(13) or (14), Family Code, or an employee of
80	80	that person:
81	81	(A) while the person or employee is engaged in
82	82	performing a service within the scope of the contract, if the actor
83	83	knows the person or employee is authorized by government to provide
84	84	the service; or
85	85	(B) in retaliation for or on account of the
86	86	person's or employee's performance of a service within the scope of
87	87	the contract;
88	88	(4) a person the actor knows is a security officer
89	89	while the officer is performing a duty as a security officer; [or]
90	90	(5) a person the actor knows is emergency services
91	91	personnel while the person is providing emergency services; or
92	92	(6) a pregnant individual to force the individual to
93	93	have an abortion.
94	94	(c) An offense under Subsection (a)(2) or (3) is a Class C
95	95	misdemeanor, except that the offense is:
96	96	(1) a Class A misdemeanor if the offense is committed
97	97	under Subsection (a)(3) against an elderly individual or disabled
98	98	individual, as those terms are defined by Section 22.04; [or]
99	99	(2) a Class B misdemeanor if the offense is committed
100	100	by a person who is not a sports participant against a person the
101	101	actor knows is a sports participant either:
102	102	(A) while the participant is performing duties or
103	103	responsibilities in the participant's capacity as a sports
104	104	participant; or
105	105	(B) in retaliation for or on account of the
106	106	participant's performance of a duty or responsibility within the
107	107	participant's capacity as a sports participant; or
108	108	(3) a Class A misdemeanor if the offense is committed
109	109	against a pregnant individual to force the individual to have an
110	110	abortion.
111	111	SECTION 4. (a) Not later than December 1, 2017, the
112	112	executive commissioner of the Health and Human Services Commission
113	113	shall adopt the rules necessary to implement Section 245.025,
114	114	Health and Safety Code, as added by this Act.
115	115	(b) An abortion facility is not required to comply with
116	116	Section 245.025, Health and Safety Code, as added by this Act,
117	117	before January 1, 2018.
118	118	SECTION 5. Sections 20A.02 and 22.01, Penal Code, as
119	119	amended by this Act, apply only to an offense committed on or after
120	120	the effective date of this Act. An offense committed before the
121	121	effective date of this Act is governed by the law in effect on the
122	122	date the offense was committed, and that law is continued in effect
123	123	for that purpose. For purposes of this section, an offense was
124	124	committed before the effective date of this Act if any element of
125	125	the offense was committed before that date.
126	126	SECTION 6. This Act takes effect September 1, 2017.