Texas 2019 - 86th Regular

Texas House Bill HB3979 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R27378 JRR-F
2		-	By: Leach, Bonnen of Galveston H.B. No. 3979
3		-	Substitute the following for H.B. No. 3979:
4		-	By: Collier C.S.H.B. No. 3979
	1	+	86R9471 JRR-F
	2	+	By: Leach H.B. No. 3979
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the investigation and prosecution of criminal offenses
10		-	involving the trafficking of persons.
	7	+	relating to the authority of the attorney general to investigate
	8	+	and prosecute criminal offenses involving the trafficking of
	9	+	persons.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Article 13.12, Code of Criminal Procedure, is
13		-	amended to read as follows:
14		-	Art. 13.12. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT,
15		-	KIDNAPPING, AND SMUGGLING OF PERSONS. (a) Venue for trafficking
16		-	of persons, false imprisonment, kidnapping, and smuggling of
17		-	persons is in:
18		-	(1) the county in which the offense was committed; or
19		-	(2) any county through, into, or out of which the
20		-	person trafficked, falsely imprisoned, kidnapped, or transported
21		-	may have been taken.
22		-	(b) If a defendant commits an offense under Chapter 20A,
23		-	Penal Code, that is part of a criminal episode, as defined by
24		-	Section 3.01, Penal Code, all of the offenses arising out of the
25		-	same criminal episode may be prosecuted in any county that has venue
26		-	over an offense constituting part of that criminal episode.
27		-	SECTION 2. Chapter 20A, Penal Code, is amended by adding
28		-	Section 20A.05 to read as follows:
29		-	Sec. 20A.05. FORWARDING OF CASE INFORMATION ON COMPLETION
30		-	OF INVESTIGATION BY CERTAIN STATE AGENCIES. On completion of an
31		-	investigation of an offense under this chapter that is conducted by
32		-	a state agency other than the office of the attorney general, the
33		-	state agency shall forward copies of each offense report prepared
34		-	in the investigation and all other case information to:
35		-	(1) the appropriate local county or district attorney;
36		-	and
37		-	(2) the attorney general.
38		-	SECTION 3. Title 5, Penal Code, is amended by adding Chapter
	11	+	SECTION 1. Title 5, Penal Code, is amended by adding Chapter
39	12		20B to read as follows:
40	13		CHAPTER 20B. CONCURRENT JURISDICTION IN CASES INVOLVING
41	14		TRAFFICKING OF PERSONS
42	15		Sec. 20B.01. DEFINITION. In this chapter, "criminal
43	16		episode" has the meaning assigned by Section 3.01.
44	17		Sec. 20B.02. PROSECUTION BY ATTORNEY GENERAL IN
45	18		MULTIJURISDICTIONAL CASES AUTHORIZED. (a) The attorney general
46	19		may prosecute an offense under Chapter 20A if the offense or any
47	20		element of the offense:
48		-	(1) occurs in more than one county in this state; or
	21	+	(1) occurs in more than one county in this state;
49	22		(2) occurs in a county in this state as well as in
50		-	another state or country.
	23	+	another state or country; or
	24	+	(3) is facilitated by the use of United States mail,
	25	+	e-mail, telephone, facsimile, the Internet, or a wireless
	26	+	communication from:
	27	+	(A) one county in this state to another county in
	28	+	this state;
	29	+	(B) a county in this state to another state or
	30	+	country; or
	31	+	(C) another state or country to a county in this
	32	+	state.
51	33		(b) The attorney general may prosecute any other offense
52	34		that occurs in this state and arises out of the same criminal
53	35		episode as an offense described by Subsection (a).
54	36		(c) The attorney general may appear before a grand jury in
55	37		connection with an offense the attorney general is authorized to
56	38		prosecute under this section.
57	39		(d) The authority to prosecute prescribed by this section
58	40		does not affect the authority derived from other law to prosecute
59	41		the same offenses.
	42	+	(e) If a defendant commits an offense under Chapter 20A that
	43	+	is part of a criminal episode, the attorney general may consolidate
	44	+	the prosecution of all offenses arising out of the same criminal
	45	+	episode in any county that has venue over an offense constituting
	46	+	part of that criminal episode.
60	47		Sec. 20B.03. SINGLE JURISDICTIONAL CASE: CONCURRENT
	48	+	JURISDICTION WITH CONSENT OF LOCAL PROSECUTOR. With the consent of
	49	+	the appropriate local county or district attorney, the attorney
	50	+	general has concurrent jurisdiction with that consenting local
	51	+	prosecutor to prosecute an offense under Chapter 20A and any other
	52	+	offense arising out of the same criminal episode. This section does
	53	+	not apply to an offense described by Section 20B.02(a).
	54	+	Sec. 20B.04. SINGLE JURISDICTIONAL CASE: CONCURRENT
61	55		JURISDICTION FOLLOWING LOCAL PROSECUTOR'S RIGHT OF FIRST REFUSAL.
62	56		(a) This section does not apply to an offense described by Section
63		-	20B.02(a).
64		-	(b) Not later than the 30th day after the date a local county
	57	+	20B.02(a) or an offense for which the attorney general has
	58	+	established concurrent jurisdiction under Section 20B.03.
	59	+	(b) Not later than the 14th day after the date a local county
65	60		or district attorney becomes aware of conduct that may constitute
66	61		an offense under Chapter 20A, the local county or district attorney
67	62		shall notify the attorney general in writing of the conduct. The
68	63		notice provided under this subsection must describe the conduct
69	64		that may constitute an offense under Chapter 20A and must describe
70	65		or otherwise identify each person suspected at that time of having
71	66		engaged in the conduct.
72	67		(c) If a local county or district attorney described by
73	68		Subsection (b) determines that the attorney will not pursue a
74	69		criminal investigation of the applicable conduct or will not
75	70		prosecute a criminal charge in relation to that conduct, the local
76	71		county or district attorney shall notify the attorney general of
77		-	that determination not later than the ~~30th~~ day after the date of the
	72	+	that determination not later than the 14th day after the date of the
78	73		determination. On receipt of notice under this subsection, the
79	74		attorney general may begin a criminal investigation of the
80	75		applicable conduct and may prosecute:
81	76		(1) any offense under Chapter 20A relating to the
82	77		attorney general's investigation of that conduct; and
83	78		(2) any other offense arising out of the same criminal
84	79		episode.
85		-	Sec. 20B.04. EXPIRATION. This chapter expires September 1,
86		-	2031.
87		-	SECTION 4. The changes in law made by this Act apply only to
88		-	the investigation and prosecution of an offense committed on or
	80	+	SECTION 2. The change in law made by this Act applies only
	81	+	to the investigation and prosecution of an offense committed on or
89	82		after the effective date of this Act. The investigation and
90	83		prosecution of an offense committed before the effective date of
91	84		this Act is governed by the law in effect on the date the offense was
92	85		committed, and the former law is continued in effect for that
93	86		purpose. For purposes of this section, an offense was committed
94	87		before the effective date of this Act if any element of the offense
95	88		occurred before that date.
96		-	SECTION 5. This Act takes effect September 1, 2019.
	89	+	SECTION 3. This Act takes effect September 1, 2019.