85R12274 SCL-F
By: Leach H.B. No. 3248
A BILL TO BE ENTITLED
AN ACT
relating to prevention of coerced abortions and human trafficking;
creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.273 to read as follows:
Art. 2.273. INVESTIGATION OF ALLEGATION OF COERCED ABORTION
OR HUMAN TRAFFICKING. (a) On receipt of a report or other
complaint alleging a violation of Section 20A.02 or 25.12, Penal
Code, the appropriate law enforcement agency shall investigate the
allegation and write a report not later than 12 hours after receipt
of the allegation.
(b) A law enforcement agency must make the written report in
response to each allegation under this article regardless of
whether the agency knows that a report about the allegation was
previously made by another law enforcement agency.
SECTION 2. Chapter 25, Penal Code, is amended by adding
Section 25.12 to read as follows:
Sec. 25.12. COERCION OF ABORTION. (a) A person commits an
offense if the person uses coercion to cause a pregnant woman to
have or seek an abortion, unless:
(1) the pregnant woman is younger than 18 years of age;
and
(2) the actor is the parent, conservator, or guardian
of the pregnant woman.
(b) An offense under this section is a Class A misdemeanor.
(c) A person who in good faith reports to law enforcement
authorities a suspected offense under Subsection (a) is immune from
civil liability in an action brought against the person for
reporting the suspected offense.
SECTION 3. Section 261.001(1), Family Code, is amended to
read as follows:
(1) "Abuse" includes the following acts or omissions
by a person:
(A) mental or emotional injury to a child that
results in an observable and material impairment in the child's
growth, development, or psychological functioning;
(B) causing or permitting the child to be in a
situation in which the child sustains a mental or emotional injury
that results in an observable and material impairment in the
child's growth, development, or psychological functioning;
(C) physical injury that results in substantial
harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose the child
to a substantial risk of harm;
(D) failure to make a reasonable effort to
prevent an action by another person that results in physical injury
that results in substantial harm to the child;
(E) sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that constitutes
the offense of continuous sexual abuse of young child or children
under Section 21.02, Penal Code, indecency with a child under
Section 21.11, Penal Code, sexual assault under Section 22.011,
Penal Code, or aggravated sexual assault under Section 22.021,
Penal Code;
(F) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage
in sexual conduct as defined by Section 43.01, Penal Code,
including compelling or encouraging the child in a manner that
constitutes an offense of trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code, prostitution under Section
43.02(b), Penal Code, or compelling prostitution under Section
43.05(a)(2), Penal Code;
(H) causing, permitting, encouraging, engaging
in, or allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the resulting
photograph, film, or depiction of the child is obscene as defined by
Section 43.21, Penal Code, or pornographic;
(I) the current use by a person of a controlled
substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in physical, mental, or
emotional injury to a child;
(J) causing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code;
(K) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code; [or]
(L) knowingly causing, permitting, encouraging,
engaging in, or allowing a child to be trafficked in a manner
punishable as an offense under Section 20A.02(a)(5), (6), (7), or
(8), Penal Code, or the failure to make a reasonable effort to
prevent a child from being trafficked in a manner punishable as an
offense under any of those sections; or
(M) coercing or forcing a child to have or seek an
abortion.
SECTION 4. Article 2.273, Code of Criminal Procedure, as
added by this Act, applies to an allegation made on or after the
effective date of this Act, regardless of whether the conduct that
is the subject of the allegation occurred before, on, or after that
date.
SECTION 5. This Act takes effect September 1, 2017.