1 | 1 | | 85R12944 SCL-F |
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2 | 2 | | By: Buckingham S.B. No. 1377 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to human trafficking signs at abortion facilities and |
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8 | 8 | | offenses associated with human trafficking and coerced abortion; |
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9 | 9 | | increasing criminal penalties. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 245, Health and Safety Code, is amended |
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12 | 12 | | by adding Section 245.025 to read as follows: |
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13 | 13 | | Sec. 245.025. HUMAN TRAFFICKING SIGNS REQUIRED. (a) An |
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14 | 14 | | abortion facility shall display a sign in accordance with this |
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15 | 15 | | section in each patient admission area, waiting room, restroom, and |
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16 | 16 | | patient consulting room. The sign must state: |
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17 | 17 | | WARNING: Obtaining forced labor or services is a crime under |
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18 | 18 | | Texas law. If you or someone you know is a victim of such a crime, |
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19 | 19 | | you are encouraged to call the national human trafficking hotline |
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20 | 20 | | at 1-888-373-7888. You may remain anonymous. |
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21 | 21 | | (b) A sign required under this section must be in English |
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22 | 22 | | and Spanish. If an abortion facility is located in a political |
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23 | 23 | | subdivision required to provide election materials in a language |
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24 | 24 | | other than English or Spanish under Section 272.011, Election Code, |
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25 | 25 | | the sign must also be in that language. |
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26 | 26 | | (c) A sign required under this section must be at least |
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27 | 27 | | 8-1/2 by 11 inches in size and displayed in a conspicuous manner |
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28 | 28 | | clearly visible to the public and employees of an abortion |
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29 | 29 | | facility. The notice must cover at least four-fifths of the sign. |
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30 | 30 | | (d) The executive commissioner shall adopt rules as |
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31 | 31 | | necessary to implement and enforce this section. |
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32 | 32 | | SECTION 2. Section 20A.02(b), Penal Code, is amended to |
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33 | 33 | | read as follows: |
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34 | 34 | | (b) Except as otherwise provided by this subsection, an |
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35 | 35 | | offense under this section is a felony of the second degree. An |
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36 | 36 | | offense under this section is a felony of the first degree if: |
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37 | 37 | | (1) the applicable conduct constitutes an offense |
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38 | 38 | | under Subsection (a)(5), (6), (7), or (8), regardless of whether |
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39 | 39 | | the actor knows the age of the child at the time the actor commits |
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40 | 40 | | the offense; [or] |
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41 | 41 | | (2) the commission of the offense results in the death |
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42 | 42 | | of the person who is trafficked; or |
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43 | 43 | | (3) the commission of the offense results in the death |
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44 | 44 | | of an unborn child of the person who is trafficked in violation of |
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45 | 45 | | Chapter 19. |
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46 | 46 | | SECTION 3. Section 22.01, Penal Code, is amended by adding |
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47 | 47 | | Subsection (c-1) to read as follows: |
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48 | 48 | | (c-1) Notwithstanding Subsections (b), (b-1), and (c), an |
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49 | 49 | | offense under Subsection (a)(1) or (2) is a felony of the second |
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50 | 50 | | degree if the actor intentionally or knowingly used force or the |
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51 | 51 | | threat of force to compel a woman to receive an abortion. |
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52 | 52 | | SECTION 4. (a) Not later than December 1, 2017, the |
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53 | 53 | | executive commissioner of the Health and Human Services Commission |
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54 | 54 | | shall adopt the rules necessary to implement Section 245.025, |
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55 | 55 | | Health and Safety Code, as added by this Act. |
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56 | 56 | | (b) An abortion facility is not required to comply with |
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57 | 57 | | Section 245.025, Health and Safety Code, as added by this Act, |
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58 | 58 | | before January 1, 2018. |
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59 | 59 | | SECTION 5. Sections 20A.02 and 22.01, Penal Code, as |
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60 | 60 | | amended by this Act, apply only to an offense committed on or after |
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61 | 61 | | the effective date of this Act. An offense committed before the |
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62 | 62 | | effective date of this Act is governed by the law in effect on the |
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63 | 63 | | date the offense was committed, and that law is continued in effect |
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64 | 64 | | for that purpose. For purposes of this section, an offense was |
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65 | 65 | | committed before the effective date of this Act if any element of |
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66 | 66 | | the offense was committed before that date. |
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67 | 67 | | SECTION 6. This Act takes effect September 1, 2017. |
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