86R11308 LHC-F
By: Miller H.B. No. 2731
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for certain
trafficking and prostitution offenses and to certain other
consequences of those offenses; changing eligibility for community
supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Article 42A.053 does not apply to a defendant adjudged
guilty of an offense under:
(1) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree;
(2) Section 19.02, Penal Code (Murder);
(3) Section 19.03, Penal Code (Capital Murder);
(4) Section 20.04, Penal Code (Aggravated
Kidnapping);
(5) Section 20A.02, Penal Code (Trafficking of
Persons);
(6) Section 21.11(a)(1), Penal Code (Indecency with a
Child);
(7) Section 22.011, Penal Code (Sexual Assault);
(8) Section 22.021, Penal Code (Aggravated Sexual
Assault);
(9) Section 22.04(a)(1), Penal Code (Injury to a
Child, Elderly Individual, or Disabled Individual), if:
(A) the offense is punishable as a felony of the
first degree; and
(B) the victim of the offense is a child;
(10) Section 29.03, Penal Code (Aggravated Robbery);
(11) Section 30.02, Penal Code (Burglary), if:
(A) the offense is punishable under Subsection
(d) of that section; and
(B) the actor committed the offense with the
intent to commit a felony under Section 21.02, 21.11, 22.011,
22.021, or 25.02, Penal Code;
(12) Section 43.03, Penal Code (Promotion of
Prostitution);
(13) Section 43.04, Penal Code (Aggravated Promotion
of Prostitution);
(14) Section 43.05, Penal Code (Compelling
Prostitution);
(15) [(13)] Section 43.25, Penal Code (Sexual
Performance by a Child); or
(16) [(14)] Chapter 481, Health and Safety Code, for
which punishment is increased under:
(A) Section 481.140 of that code (Use of Child in
Commission of Offense); or
(B) Section 481.134(c), (d), (e), or (f) of that
code (Drug-free Zones) if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections.
SECTION 2. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community
supervision under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
(3) is adjudged guilty of an offense under Section
19.02, Penal Code;
(4) is convicted of an offense under Section
21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
offense was younger than 14 years of age at the time the offense was
committed;
(5) is convicted of an offense under Section 20.04,
Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(6) is convicted of an offense under Section 20A.02,
43.03, 43.04, 43.05, or 43.25, Penal Code; or
(7) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections.
SECTION 3. Article 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.09 (Bestiality), 21.11
(Indecency with a child), 22.011 (Sexual assault), 22.021
(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
Penal Code;
(B) a violation of Section 43.03 (Promotion of
prostitution), 43.04 (Aggravated promotion of prostitution), 43.05
(Compelling prostitution), 43.25 (Sexual performance by a child),
or 43.26 (Possession or promotion of child pornography), Penal
Code;
(B-1) a violation of Section 43.02
(Prostitution), Penal Code, if the offense is punishable under
Subsection (c-1)(3) of that section;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), (K), or (L), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code;
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code; or
(L) a violation of Section 20A.03 (Continuous
trafficking of persons), Penal Code, if the offense is based partly
or wholly on conduct that constitutes an offense under Section
20A.02(a)(3), (4), (7), or (8) of that code.
SECTION 4. Section 773.0614(c), Health and Safety Code, is
amended to read as follows:
(c) A certificate holder's certificate shall be revoked if
the certificate holder has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for:
(1) an offense listed in Article 42A.054(a)(2), (3),
(4), (6), (7), (8), (10), or (16) [(14)], Code of Criminal
Procedure; or
(2) an offense, other than an offense described by
Subdivision (1), committed on or after September 1, 2009, for which
the person is subject to registration under Chapter 62, Code of
Criminal Procedure.
SECTION 5. Section 773.06141(a), Health and Safety Code, is
amended to read as follows:
(a) The department may suspend, revoke, or deny an emergency
medical services provider license on the grounds that the
provider's administrator of record, employee, or other
representative:
(1) has been convicted of, or placed on deferred
adjudication community supervision or deferred disposition for, an
offense that directly relates to the duties and responsibilities of
the administrator, employee, or representative, other than an
offense for which points are assigned under Section 708.052,
Transportation Code;
(2) has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for an
offense, including:
(A) an offense listed in Article 42A.054(a)(2),
(3), (4), (6), (7), (8), (10), or (16) [(14)], Code of Criminal
Procedure; or
(B) an offense, other than an offense described
by Subdivision (1), for which the person is subject to registration
under Chapter 62, Code of Criminal Procedure; or
(3) has been convicted of Medicare or Medicaid fraud,
has been excluded from participation in the state Medicaid program,
or has a hold on payment for reimbursement under the state Medicaid
program under Subchapter C, Chapter 531, Government Code.
SECTION 6. Section 20A.02(a-1), Penal Code, is amended to
read as follows:
(a-1) For purposes of Subsection (a)(3), "coercion" as
defined by Section 1.07 includes:
(1) destroying, concealing, confiscating, or
withholding from a [the] trafficked person, or threatening to
destroy, conceal, confiscate, or withhold from a [the] trafficked
person, the [trafficked] person's actual or purported:
(A) [(1)] government records; or
(B) [(2)] identifying information or documents;
(2) causing a trafficked person, without the person's
consent, to become intoxicated, as defined by Section 49.01, to a
degree that impairs the person's ability to appraise the nature of
the prohibited conduct or to resist engaging in that conduct; or
(3) withholding alcohol or a controlled substance to a
degree that impairs the ability of a trafficked person with a
chemical dependency, as defined by Section 462.001, Health and
Safety Code, to appraise the nature of the prohibited conduct or to
resist engaging in that conduct.
SECTION 7. Section 43.05, Penal Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) A person commits an offense if the person knowingly:
(1) causes another by force, threat, coercion, or
fraud to commit prostitution; or
(2) causes by any means a child younger than 18 years
to commit prostitution, regardless of whether the actor knows the
age of the child at the time of the offense.
(d) For purposes of this section, "coercion" as defined by
Section 1.07 includes:
(1) destroying, concealing, confiscating, or
withholding from a person, or threatening to destroy, conceal,
confiscate, or withhold from a person, the person's actual or
purported:
(A) government records; or
(B) identifying information or documents;
(2) causing a person, without the person's consent, to
become intoxicated, as defined by Section 49.01, to a degree that
impairs the person's ability to appraise the nature of the person's
conduct that constitutes prostitution or to resist engaging in that
conduct; or
(3) withholding alcohol or a controlled substance to a
degree that impairs the ability of a person with a chemical
dependency, as defined by Section 462.001, Health and Safety Code,
to appraise the nature of the person's conduct that constitutes
prostitution or to resist engaging in that conduct.
SECTION 8. (a) The change in law made by this Act to Article
62.001(5), Code of Criminal Procedure, applies only to a person who
is required to register under Chapter 62, Code of Criminal
Procedure, on the basis of a conviction or adjudication for or based
on an offense committed on or after the effective date of this Act.
A person who is required to register under Chapter 62, Code of
Criminal Procedure, solely on the basis of a conviction or
adjudication for or based on an offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose.
(b) The changes in law made by this Act to Articles 42A.054
and 42A.056, Code of Criminal Procedure, and Sections 20A.02 and
43.05, Penal Code, apply only to an offense committed on or after
the effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose.
(c) For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 9. This Act takes effect September 1, 2019.