Texas 2019 - 86th Regular

Texas House Bill HB2731 Compare Versions

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

Old	New	Differences
1	1	86R11308 LHC-F
2	2	By: Miller H.B. No. 2731
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and punishment for certain
8	8	trafficking and prostitution offenses and to certain other
9	9	consequences of those offenses; changing eligibility for community
10	10	supervision.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42A.054(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) Article 42A.053 does not apply to a defendant adjudged
15	15	guilty of an offense under:
16	16	(1) Section 15.03, Penal Code, if the offense is
17	17	punishable as a felony of the first degree;
18	18	(2) Section 19.02, Penal Code (Murder);
19	19	(3) Section 19.03, Penal Code (Capital Murder);
20	20	(4) Section 20.04, Penal Code (Aggravated
21	21	Kidnapping);
22	22	(5) Section 20A.02, Penal Code (Trafficking of
23	23	Persons);
24	24	(6) Section 21.11(a)(1), Penal Code (Indecency with a
25	25	Child);
26	26	(7) Section 22.011, Penal Code (Sexual Assault);
27	27	(8) Section 22.021, Penal Code (Aggravated Sexual
28	28	Assault);
29	29	(9) Section 22.04(a)(1), Penal Code (Injury to a
30	30	Child, Elderly Individual, or Disabled Individual), if:
31	31	(A) the offense is punishable as a felony of the
32	32	first degree; and
33	33	(B) the victim of the offense is a child;
34	34	(10) Section 29.03, Penal Code (Aggravated Robbery);
35	35	(11) Section 30.02, Penal Code (Burglary), if:
36	36	(A) the offense is punishable under Subsection
37	37	(d) of that section; and
38	38	(B) the actor committed the offense with the
39	39	intent to commit a felony under Section 21.02, 21.11, 22.011,
40	40	22.021, or 25.02, Penal Code;
41	41	(12) Section 43.03, Penal Code (Promotion of
42	42	Prostitution);
43	43	(13) Section 43.04, Penal Code (Aggravated Promotion
44	44	of Prostitution);
45	45	(14) Section 43.05, Penal Code (Compelling
46	46	Prostitution);
47	47	(15) [(13)] Section 43.25, Penal Code (Sexual
48	48	Performance by a Child); or
49	49	(16) [(14)] Chapter 481, Health and Safety Code, for
50	50	which punishment is increased under:
51	51	(A) Section 481.140 of that code (Use of Child in
52	52	Commission of Offense); or
53	53	(B) Section 481.134(c), (d), (e), or (f) of that
54	54	code (Drug-free Zones) if it is shown that the defendant has been
55	55	previously convicted of an offense for which punishment was
56	56	increased under any of those subsections.
57	57	SECTION 2. Article 42A.056, Code of Criminal Procedure, is
58	58	amended to read as follows:
59	59	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
60	60	SUPERVISION. A defendant is not eligible for community
61	61	supervision under Article 42A.055 if the defendant:
62	62	(1) is sentenced to a term of imprisonment that
63	63	exceeds 10 years;
64	64	(2) is convicted of a state jail felony for which
65	65	suspension of the imposition of the sentence occurs automatically
66	66	under Article 42A.551;
67	67	(3) is adjudged guilty of an offense under Section
68	68	19.02, Penal Code;
69	69	(4) is convicted of an offense under Section
70	70	21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
71	71	offense was younger than 14 years of age at the time the offense was
72	72	committed;
73	73	(5) is convicted of an offense under Section 20.04,
74	74	Penal Code, if:
75	75	(A) the victim of the offense was younger than 14
76	76	years of age at the time the offense was committed; and
77	77	(B) the actor committed the offense with the
78	78	intent to violate or abuse the victim sexually;
79	79	(6) is convicted of an offense under Section 20A.02,
80	80	43.03, 43.04, 43.05, or 43.25, Penal Code; or
81	81	(7) is convicted of an offense for which punishment is
82	82	increased under Section 481.134(c), (d), (e), or (f), Health and
83	83	Safety Code, if it is shown that the defendant has been previously
84	84	convicted of an offense for which punishment was increased under
85	85	any of those subsections.
86	86	SECTION 3. Article 62.001(5), Code of Criminal Procedure,
87	87	is amended to read as follows:
88	88	(5) "Reportable conviction or adjudication" means a
89	89	conviction or adjudication, including an adjudication of
90	90	delinquent conduct or a deferred adjudication, that, regardless of
91	91	the pendency of an appeal, is a conviction for or an adjudication
92	92	for or based on:
93	93	(A) a violation of Section 21.02 (Continuous
94	94	sexual abuse of young child or children), 21.09 (Bestiality), 21.11
95	95	(Indecency with a child), 22.011 (Sexual assault), 22.021
96	96	(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
97	97	Penal Code;
98	98	(B) a violation of Section 43.03 (Promotion of
99	99	prostitution), 43.04 (Aggravated promotion of prostitution), 43.05
100	100	(Compelling prostitution), 43.25 (Sexual performance by a child),
101	101	or 43.26 (Possession or promotion of child pornography), Penal
102	102	Code;
103	103	(B-1) a violation of Section 43.02
104	104	(Prostitution), Penal Code, if the offense is punishable under
105	105	Subsection (c-1)(3) of that section;
106	106	(C) a violation of Section 20.04(a)(4)
107	107	(Aggravated kidnapping), Penal Code, if the actor committed the
108	108	offense or engaged in the conduct with intent to violate or abuse
109	109	the victim sexually;
110	110	(D) a violation of Section 30.02 (Burglary),
111	111	Penal Code, if the offense or conduct is punishable under
112	112	Subsection (d) of that section and the actor committed the offense
113	113	or engaged in the conduct with intent to commit a felony listed in
114	114	Paragraph (A) or (C);
115	115	(E) a violation of Section 20.02 (Unlawful
116	116	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
117	117	Penal Code, if, as applicable:
118	118	(i) the judgment in the case contains an
119	119	affirmative finding under Article 42.015; or
120	120	(ii) the order in the hearing or the papers
121	121	in the case contain an affirmative finding that the victim or
122	122	intended victim was younger than 17 years of age;
123	123	(F) the second violation of Section 21.08
124	124	(Indecent exposure), Penal Code, but not if the second violation
125	125	results in a deferred adjudication;
126	126	(G) an attempt, conspiracy, or solicitation, as
127	127	defined by Chapter 15, Penal Code, to commit an offense or engage in
128	128	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
129	129	(H) a violation of the laws of another state,
130	130	federal law, the laws of a foreign country, or the Uniform Code of
131	131	Military Justice for or based on the violation of an offense
132	132	containing elements that are substantially similar to the elements
133	133	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
134	134	(G), (J), (K), or (L), but not if the violation results in a
135	135	deferred adjudication;
136	136	(I) the second violation of the laws of another
137	137	state, federal law, the laws of a foreign country, or the Uniform
138	138	Code of Military Justice for or based on the violation of an offense
139	139	containing elements that are substantially similar to the elements
140	140	of the offense of indecent exposure, but not if the second violation
141	141	results in a deferred adjudication;
142	142	(J) a violation of Section 33.021 (Online
143	143	solicitation of a minor), Penal Code;
144	144	(K) a violation of Section 20A.02(a)(3), (4),
145	145	(7), or (8) (Trafficking of persons), Penal Code; or
146	146	(L) a violation of Section 20A.03 (Continuous
147	147	trafficking of persons), Penal Code, if the offense is based partly
148	148	or wholly on conduct that constitutes an offense under Section
149	149	20A.02(a)(3), (4), (7), or (8) of that code.
150	150	SECTION 4. Section 773.0614(c), Health and Safety Code, is
151	151	amended to read as follows:
152	152	(c) A certificate holder's certificate shall be revoked if
153	153	the certificate holder has been convicted of or placed on deferred
154	154	adjudication community supervision or deferred disposition for:
155	155	(1) an offense listed in Article 42A.054(a)(2), (3),
156	156	(4), (6), (7), (8), (10), or (16) [(14)], Code of Criminal
157	157	Procedure; or
158	158	(2) an offense, other than an offense described by
159	159	Subdivision (1), committed on or after September 1, 2009, for which
160	160	the person is subject to registration under Chapter 62, Code of
161	161	Criminal Procedure.
162	162	SECTION 5. Section 773.06141(a), Health and Safety Code, is
163	163	amended to read as follows:
164	164	(a) The department may suspend, revoke, or deny an emergency
165	165	medical services provider license on the grounds that the
166	166	provider's administrator of record, employee, or other
167	167	representative:
168	168	(1) has been convicted of, or placed on deferred
169	169	adjudication community supervision or deferred disposition for, an
170	170	offense that directly relates to the duties and responsibilities of
171	171	the administrator, employee, or representative, other than an
172	172	offense for which points are assigned under Section 708.052,
173	173	Transportation Code;
174	174	(2) has been convicted of or placed on deferred
175	175	adjudication community supervision or deferred disposition for an
176	176	offense, including:
177	177	(A) an offense listed in Article 42A.054(a)(2),
178	178	(3), (4), (6), (7), (8), (10), or (16) [(14)], Code of Criminal
179	179	Procedure; or
180	180	(B) an offense, other than an offense described
181	181	by Subdivision (1), for which the person is subject to registration
182	182	under Chapter 62, Code of Criminal Procedure; or
183	183	(3) has been convicted of Medicare or Medicaid fraud,
184	184	has been excluded from participation in the state Medicaid program,
185	185	or has a hold on payment for reimbursement under the state Medicaid
186	186	program under Subchapter C, Chapter 531, Government Code.
187	187	SECTION 6. Section 20A.02(a-1), Penal Code, is amended to
188	188	read as follows:
189	189	(a-1) For purposes of Subsection (a)(3), "coercion" as
190	190	defined by Section 1.07 includes:
191	191	(1) destroying, concealing, confiscating, or
192	192	withholding from a [the] trafficked person, or threatening to
193	193	destroy, conceal, confiscate, or withhold from a [the] trafficked
194	194	person, the [trafficked] person's actual or purported:
195	195	(A) [(1)] government records; or
196	196	(B) [(2)] identifying information or documents;
197	197	(2) causing a trafficked person, without the person's
198	198	consent, to become intoxicated, as defined by Section 49.01, to a
199	199	degree that impairs the person's ability to appraise the nature of
200	200	the prohibited conduct or to resist engaging in that conduct; or
201	201	(3) withholding alcohol or a controlled substance to a
202	202	degree that impairs the ability of a trafficked person with a
203	203	chemical dependency, as defined by Section 462.001, Health and
204	204	Safety Code, to appraise the nature of the prohibited conduct or to
205	205	resist engaging in that conduct.
206	206	SECTION 7. Section 43.05, Penal Code, is amended by
207	207	amending Subsection (a) and adding Subsection (d) to read as
208	208	follows:
209	209	(a) A person commits an offense if the person knowingly:
210	210	(1) causes another by force, threat, coercion, or
211	211	fraud to commit prostitution; or
212	212	(2) causes by any means a child younger than 18 years
213	213	to commit prostitution, regardless of whether the actor knows the
214	214	age of the child at the time of the offense.
215	215	(d) For purposes of this section, "coercion" as defined by
216	216	Section 1.07 includes:
217	217	(1) destroying, concealing, confiscating, or
218	218	withholding from a person, or threatening to destroy, conceal,
219	219	confiscate, or withhold from a person, the person's actual or
220	220	purported:
221	221	(A) government records; or
222	222	(B) identifying information or documents;
223	223	(2) causing a person, without the person's consent, to
224	224	become intoxicated, as defined by Section 49.01, to a degree that
225	225	impairs the person's ability to appraise the nature of the person's
226	226	conduct that constitutes prostitution or to resist engaging in that
227	227	conduct; or
228	228	(3) withholding alcohol or a controlled substance to a
229	229	degree that impairs the ability of a person with a chemical
230	230	dependency, as defined by Section 462.001, Health and Safety Code,
231	231	to appraise the nature of the person's conduct that constitutes
232	232	prostitution or to resist engaging in that conduct.
233	233	SECTION 8. (a) The change in law made by this Act to Article
234	234	62.001(5), Code of Criminal Procedure, applies only to a person who
235	235	is required to register under Chapter 62, Code of Criminal
236	236	Procedure, on the basis of a conviction or adjudication for or based
237	237	on an offense committed on or after the effective date of this Act.
238	238	A person who is required to register under Chapter 62, Code of
239	239	Criminal Procedure, solely on the basis of a conviction or
240	240	adjudication for or based on an offense committed before the
241	241	effective date of this Act is governed by the law in effect on the
242	242	date the offense was committed, and the former law is continued in
243	243	effect for that purpose.
244	244	(b) The changes in law made by this Act to Articles 42A.054
245	245	and 42A.056, Code of Criminal Procedure, and Sections 20A.02 and
246	246	43.05, Penal Code, apply only to an offense committed on or after
247	247	the effective date of this Act. An offense committed before the
248	248	effective date of this Act is governed by the law in effect on the
249	249	date the offense was committed, and the former law is continued in
250	250	effect for that purpose.
251	251	(c) For purposes of this section, an offense was committed
252	252	before the effective date of this Act if any element of the offense
253	253	occurred before that date.
254	254	SECTION 9. This Act takes effect September 1, 2019.