Texas 2019 - 86th Regular

Texas House Bill HB3590 Compare Versions

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

Old	New	Differences
1	1	86R10501 LHC-D
2	2	By: Hunter H.B. No. 3590
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 certain other
9	9	consequences of those offenses; increasing criminal penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 62.001(5), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(5) "Reportable conviction or adjudication" means a
14	14	conviction or adjudication, including an adjudication of
15	15	delinquent conduct or a deferred adjudication, that, regardless of
16	16	the pendency of an appeal, is a conviction for or an adjudication
17	17	for or based on:
18	18	(A) a violation of Section 21.02 (Continuous
19	19	sexual abuse of young child or children), 21.09 (Bestiality), 21.11
20	20	(Indecency with a child), 22.011 (Sexual assault), 22.021
21	21	(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
22	22	Penal Code;
23	23	(B) a violation of Section 43.04 (Aggravated
24	24	promotion of prostitution), 43.05 (Compelling prostitution), 43.25
25	25	(Sexual performance by a child), or 43.26 (Possession or promotion
26	26	of child pornography), Penal Code;
27	27	(B-1) a violation of Section 43.02
28	28	(Prostitution), Penal Code, if the offense is punishable under
29	29	Subsection (c-1)(3) of that section;
30	30	(C) a violation of Section 20.04(a)(4)
31	31	(Aggravated kidnapping), Penal Code, if the actor committed the
32	32	offense or engaged in the conduct with intent to violate or abuse
33	33	the victim sexually;
34	34	(D) a violation of Section 30.02 (Burglary),
35	35	Penal Code, if the offense or conduct is punishable under
36	36	Subsection (d) of that section and the actor committed the offense
37	37	or engaged in the conduct with intent to commit a felony listed in
38	38	Paragraph (A) or (C);
39	39	(E) a violation of Section 20.02 (Unlawful
40	40	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
41	41	Penal Code, if, as applicable:
42	42	(i) the judgment in the case contains an
43	43	affirmative finding under Article 42.015; or
44	44	(ii) the order in the hearing or the papers
45	45	in the case contain an affirmative finding that the victim or
46	46	intended victim was younger than 17 years of age;
47	47	(F) the second violation of Section 21.08
48	48	(Indecent exposure), Penal Code, but not if the second violation
49	49	results in a deferred adjudication;
50	50	(G) an attempt, conspiracy, or solicitation, as
51	51	defined by Chapter 15, Penal Code, to commit an offense or engage in
52	52	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
53	53	(H) a violation of the laws of another state,
54	54	federal law, the laws of a foreign country, or the Uniform Code of
55	55	Military Justice for or based on the violation of an offense
56	56	containing elements that are substantially similar to the elements
57	57	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
58	58	(G), (J), (K), or (L), but not if the violation results in a
59	59	deferred adjudication;
60	60	(I) the second violation of the laws of another
61	61	state, federal law, the laws of a foreign country, or the Uniform
62	62	Code of Military Justice for or based on the violation of an offense
63	63	containing elements that are substantially similar to the elements
64	64	of the offense of indecent exposure, but not if the second violation
65	65	results in a deferred adjudication;
66	66	(J) a violation of Section 33.021 (Online
67	67	solicitation of a minor), Penal Code;
68	68	(K) a violation of Section 20A.02(a)(3), (4),
69	69	(7), or (8) (Trafficking of persons), Penal Code; or
70	70	(L) a violation of Section 20A.03 (Continuous
71	71	trafficking of persons), Penal Code, if the offense is based partly
72	72	or wholly on conduct that constitutes an offense under Section
73	73	20A.02(a)(3), (4), (7), or (8) of that code.
74	74	SECTION 2. Section 20A.02(a-1), Penal Code, is amended to
75	75	read as follows:
76	76	(a-1) For purposes of Subsection (a)(3), "coercion" as
77	77	defined by Section 1.07 includes:
78	78	(1) destroying, concealing, confiscating, or
79	79	withholding from a [the] trafficked person, or threatening to
80	80	destroy, conceal, confiscate, or withhold from a [the] trafficked
81	81	person, the [trafficked] person's actual or purported:
82	82	(A) [(1)] government records; or
83	83	(B) [(2)] identifying information or documents;
84	84	(2) causing a trafficked person, without the person's
85	85	consent, to become intoxicated, as defined by Section 49.01, to a
86	86	degree that impairs the person's ability to appraise the nature of
87	87	the prohibited conduct or to resist engaging in that conduct; or
88	88	(3) withholding alcohol or a controlled substance to a
89	89	degree that impairs the ability of a trafficked person with a
90	90	chemical dependency, as defined by Section 462.001, Health and
91	91	Safety Code, to appraise the nature of the prohibited conduct or to
92	92	resist engaging in that conduct.
93	93	SECTION 3. Section 43.03(b), Penal Code, is amended to read
94	94	as follows:
95	95	(b) An offense under this section is a felony of the third
96	96	degree [state jail felony], except that the offense is:
97	97	(1) a felony of the second [third] degree if the actor
98	98	has been previously convicted of an offense under this section; or
99	99	(2) a felony of the first [second] degree if the actor
100	100	engages in conduct described by Subsection (a)(1) or (2) involving
101	101	a person younger than 18 years of age engaging in prostitution,
102	102	regardless of whether the actor knows the age of the person at the
103	103	time of the offense.
104	104	SECTION 4. Section 43.04(b), Penal Code, is amended to read
105	105	as follows:
106	106	(b) An offense under this section is a felony of the [second
107	107	degree, except that the offense is a felony of the] first degree [if
108	108	the prostitution enterprise uses as a prostitute one or more
109	109	persons younger than 18 years of age, regardless of whether the
110	110	actor knows the age of the person at the time of the offense].
111	111	SECTION 5. Section 43.05, Penal Code, is amended by
112	112	amending Subsections (a) and (b) and adding Subsection (d) to read
113	113	as follows:
114	114	(a) A person commits an offense if the person knowingly:
115	115	(1) causes another by force, threat, coercion, or
116	116	fraud to commit prostitution; or
117	117	(2) causes by any means a child younger than 18 years
118	118	to commit prostitution, regardless of whether the actor knows the
119	119	age of the child at the time of the offense.
120	120	(b) An offense under this section [Subsection (a)(1) is a
121	121	felony of the second degree. An offense under Subsection (a)(2)]
122	122	is a felony of the first degree.
123	123	(d) For purposes of this section, "coercion" as defined by
124	124	Section 1.07 includes:
125	125	(1) destroying, concealing, confiscating, or
126	126	withholding from a person, or threatening to destroy, conceal,
127	127	confiscate, or withhold from a person, the person's actual or
128	128	purported:
129	129	(A) government records; or
130	130	(B) identifying information or documents;
131	131	(2) causing a person, without the person's consent, to
132	132	become intoxicated, as defined by Section 49.01, to a degree that
133	133	impairs the person's ability to appraise the nature of the person's
134	134	conduct that constitutes prostitution or to resist engaging in that
135	135	conduct; or
136	136	(3) withholding alcohol or a controlled substance to a
137	137	degree that impairs the ability of a person with a chemical
138	138	dependency, as defined by Section 462.001, Health and Safety Code,
139	139	to appraise the nature of the person's conduct that constitutes
140	140	prostitution or to resist engaging in that conduct.
141	141	SECTION 6. (a) The change in law made by this Act to Article
142	142	62.001(5), Code of Criminal Procedure, applies only to a person who
143	143	is required to register under Chapter 62, Code of Criminal
144	144	Procedure, on the basis of a conviction or adjudication for or based
145	145	on an offense committed on or after the effective date of this Act.
146	146	A person who is required to register under Chapter 62, Code of
147	147	Criminal Procedure, solely on the basis of a conviction or
148	148	adjudication for or based on an offense committed before the
149	149	effective date of this Act is governed by the law in effect on the
150	150	date the offense was committed, and the former law is continued in
151	151	effect for that purpose.
152	152	(b) The changes in law made by this Act to Sections 20A.02,
153	153	43.03, 43.04, and 43.05, Penal Code, apply only to an offense
154	154	committed on or after the effective date of this Act. An offense
155	155	committed before the effective date of this Act is governed by the
156	156	law in effect on the date the offense was committed, and the former
157	157	law is continued in effect for that purpose.
158	158	(c) For purposes of this section, an offense was committed
159	159	before the effective date of this Act if any element of the offense
160	160	occurred before that date.
161	161	SECTION 7. This Act takes effect September 1, 2019.