Texas 2017 - 85th Regular

Texas House Bill HB3248 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12274 SCL-F
2	2	By: Leach H.B. No. 3248
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prevention of coerced abortions and human trafficking;
8	8	creating an offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2, Code of Criminal Procedure, is
11	11	amended by adding Article 2.273 to read as follows:
12	12	Art. 2.273. INVESTIGATION OF ALLEGATION OF COERCED ABORTION
13	13	OR HUMAN TRAFFICKING. (a) On receipt of a report or other
14	14	complaint alleging a violation of Section 20A.02 or 25.12, Penal
15	15	Code, the appropriate law enforcement agency shall investigate the
16	16	allegation and write a report not later than 12 hours after receipt
17	17	of the allegation.
18	18	(b) A law enforcement agency must make the written report in
19	19	response to each allegation under this article regardless of
20	20	whether the agency knows that a report about the allegation was
21	21	previously made by another law enforcement agency.
22	22	SECTION 2. Chapter 25, Penal Code, is amended by adding
23	23	Section 25.12 to read as follows:
24	24	Sec. 25.12. COERCION OF ABORTION. (a) A person commits an
25	25	offense if the person uses coercion to cause a pregnant woman to
26	26	have or seek an abortion, unless:
27	27	(1) the pregnant woman is younger than 18 years of age;
28	28	and
29	29	(2) the actor is the parent, conservator, or guardian
30	30	of the pregnant woman.
31	31	(b) An offense under this section is a Class A misdemeanor.
32	32	(c) A person who in good faith reports to law enforcement
33	33	authorities a suspected offense under Subsection (a) is immune from
34	34	civil liability in an action brought against the person for
35	35	reporting the suspected offense.
36	36	SECTION 3. Section 261.001(1), Family Code, is amended to
37	37	read as follows:
38	38	(1) "Abuse" includes the following acts or omissions
39	39	by a person:
40	40	(A) mental or emotional injury to a child that
41	41	results in an observable and material impairment in the child's
42	42	growth, development, or psychological functioning;
43	43	(B) causing or permitting the child to be in a
44	44	situation in which the child sustains a mental or emotional injury
45	45	that results in an observable and material impairment in the
46	46	child's growth, development, or psychological functioning;
47	47	(C) physical injury that results in substantial
48	48	harm to the child, or the genuine threat of substantial harm from
49	49	physical injury to the child, including an injury that is at
50	50	variance with the history or explanation given and excluding an
51	51	accident or reasonable discipline by a parent, guardian, or
52	52	managing or possessory conservator that does not expose the child
53	53	to a substantial risk of harm;
54	54	(D) failure to make a reasonable effort to
55	55	prevent an action by another person that results in physical injury
56	56	that results in substantial harm to the child;
57	57	(E) sexual conduct harmful to a child's mental,
58	58	emotional, or physical welfare, including conduct that constitutes
59	59	the offense of continuous sexual abuse of young child or children
60	60	under Section 21.02, Penal Code, indecency with a child under
61	61	Section 21.11, Penal Code, sexual assault under Section 22.011,
62	62	Penal Code, or aggravated sexual assault under Section 22.021,
63	63	Penal Code;
64	64	(F) failure to make a reasonable effort to
65	65	prevent sexual conduct harmful to a child;
66	66	(G) compelling or encouraging the child to engage
67	67	in sexual conduct as defined by Section 43.01, Penal Code,
68	68	including compelling or encouraging the child in a manner that
69	69	constitutes an offense of trafficking of persons under Section
70	70	20A.02(a)(7) or (8), Penal Code, prostitution under Section
71	71	43.02(b), Penal Code, or compelling prostitution under Section
72	72	43.05(a)(2), Penal Code;
73	73	(H) causing, permitting, encouraging, engaging
74	74	in, or allowing the photographing, filming, or depicting of the
75	75	child if the person knew or should have known that the resulting
76	76	photograph, film, or depiction of the child is obscene as defined by
77	77	Section 43.21, Penal Code, or pornographic;
78	78	(I) the current use by a person of a controlled
79	79	substance as defined by Chapter 481, Health and Safety Code, in a
80	80	manner or to the extent that the use results in physical, mental, or
81	81	emotional injury to a child;
82	82	(J) causing, expressly permitting, or
83	83	encouraging a child to use a controlled substance as defined by
84	84	Chapter 481, Health and Safety Code;
85	85	(K) causing, permitting, encouraging, engaging
86	86	in, or allowing a sexual performance by a child as defined by
87	87	Section 43.25, Penal Code; [or]
88	88	(L) knowingly causing, permitting, encouraging,
89	89	engaging in, or allowing a child to be trafficked in a manner
90	90	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
91	91	(8), Penal Code, or the failure to make a reasonable effort to
92	92	prevent a child from being trafficked in a manner punishable as an
93	93	offense under any of those sections; or
94	94	(M) coercing or forcing a child to have or seek an
95	95	abortion.
96	96	SECTION 4. Article 2.273, Code of Criminal Procedure, as
97	97	added by this Act, applies to an allegation made on or after the
98	98	effective date of this Act, regardless of whether the conduct that
99	99	is the subject of the allegation occurred before, on, or after that
100	100	date.
101	101	SECTION 5. This Act takes effect September 1, 2017.