Texas 2019 - 86th Regular

Texas House Bill HB934 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R21864~~ LHC-D
	1	+	86R5911 LHC-D
2	2		By: Shaheen H.B. No. 934
3		-	Substitute the following for H.B. No. 934:
4		-	By: Zedler C.S.H.B. No. 934
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the prosecution of the offense of trafficking of
10	8		persons.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Section 20A.02, Penal Code, is amended by
13		-	amending Subsections (a) and (b) and adding Subsection (b-1) to
	10	+	SECTION 1. Section 20A.02(a), Penal Code, is amended to
14	11		read as follows:
15	12		(a) A person commits an offense if the person [knowingly]:
16	13		(1) knowingly traffics another person with the intent
17	14		that the trafficked person engage in forced labor or services;
18	15		(2) knowingly receives a benefit from participating in
19	16		a venture that involves an activity described by Subdivision (1),
20	17		including by receiving labor or services the person knows are
21	18		forced labor or services;
22	19		(3) knowingly traffics another person and, through
23	20		force, fraud, or coercion, causes the trafficked person to engage
24	21		in conduct prohibited by:
25	22		(A) Section 43.02 (Prostitution);
26	23		(B) Section 43.03 (Promotion of Prostitution);
27	24		(C) Section 43.04 (Aggravated Promotion of
28	25		Prostitution); or
29	26		(D) Section 43.05 (Compelling Prostitution);
30		-	(4) either:
31		-	(A) in the course of engaging in conduct that
32		-	constitutes an offense under Section 43.02(b), engages in sexual
33		-	conduct with a person trafficked in the manner described by
34		-	Subdivision (3), regardless of whether the actor knows that the
35		-	person has been trafficked in the manner described by that
36		-	subdivision; or
37		-	(B) knowingly receives a benefit from
	27	+	(4) engages in sexual conduct with a person trafficked
	28	+	in the manner described by Subdivision (3), regardless of whether
	29	+	the actor knows that the person has been trafficked in the manner
	30	+	described by that subdivision, or knowingly receives a benefit from
38	31		participating in a venture that involves an activity described by
39	32		Subdivision (3) [or engages in sexual conduct with a person
40	33		trafficked in the manner described in Subdivision (3)];
41	34		(5) knowingly traffics a child with the intent that
42	35		the trafficked child engage in forced labor or services;
43	36		(6) knowingly receives a benefit from participating
44	37		in a venture that involves an activity described by Subdivision
45	38		(5), including by receiving labor or services the person knows are
46	39		forced labor or services;
47	40		(7) knowingly traffics a child and by any means causes
48	41		the trafficked child to engage in, or become the victim of, conduct
49	42		prohibited by:
50	43		(A) Section 21.02 (Continuous Sexual Abuse of
51	44		Young Child or Children);
52	45		(B) Section 21.11 (Indecency with a Child);
53	46		(C) Section 22.011 (Sexual Assault);
54	47		(D) Section 22.021 (Aggravated Sexual Assault);
55	48		(E) Section 43.02 (Prostitution);
56	49		(F) Section 43.03 (Promotion of Prostitution);
57	50		(G) Section 43.04 (Aggravated Promotion of
58	51		Prostitution);
59	52		(H) Section 43.05 (Compelling Prostitution);
60	53		(I) Section 43.25 (Sexual Performance by a
61	54		Child);
62	55		(J) Section 43.251 (Employment Harmful to
63	56		Children); or
64	57		(K) Section 43.26 (Possession or Promotion of
65	58		Child Pornography); or
66		-	(8) either:
67		-	(A) in the course of engaging in conduct that
68		-	constitutes an offense under Section 43.02(b), engages in sexual
69		-	conduct with a child trafficked in the manner described by
70		-	Subdivision (7), regardless of whether the actor knows that the
71		-	child has been trafficked in the manner described by that
72		-	subdivision; or
73		-	(B) knowingly receives a benefit from
74		-	participating in a venture that involves an activity described by
75		-	Subdivision (7) [or engages in sexual conduct with a child
	59	+	(8) engages in sexual conduct with a child trafficked
	60	+	in the manner described by Subdivision (7), regardless of whether
	61	+	the actor knows that the child has been trafficked in the manner
	62	+	described by that subdivision, or knowingly receives a benefit
	63	+	from participating in a venture that involves an activity described
	64	+	by Subdivision (7) [or engages in sexual conduct with a child
76	65		trafficked in the manner described in Subdivision (7)].
77		-	(b) Except as otherwise provided by Subsection (b-1) [this
78		-	subsection], an offense under this section is a felony of the second
79		-	degree and an offense under Subsection (a)(4)(A) is a state jail
80		-	felony.
81		-	(b-1) An offense under this section is a felony of the first
82		-	degree if:
83		-	(1) the applicable conduct constitutes an offense
84		-	under Subsection (a)(5), (6), (7), or (8), regardless of whether
85		-	the actor knows the age of the child at the time of the offense;
86		-	(2) the commission of the offense results in the death
87		-	of the person who is trafficked; or
88		-	(3) the commission of the offense results in the death
89		-	of an unborn child of the person who is trafficked.
90		-	SECTION 2. Section 2(a), Article 38.37, Code of Criminal
91		-	Procedure, is amended to read as follows:
92		-	(a) Subsection (b) applies only to the trial of a defendant
93		-	for:
94		-	(1) an offense under any of the following provisions
95		-	of the Penal Code:
96		-	(A) Section 20A.02, if punishable as a felony of
97		-	the first degree under Section 20A.02(b-1)(1) [20A.02(b)(1)]
98		-	([Sex] Trafficking of a Child);
99		-	(B) Section 21.02 (Continuous Sexual Abuse of
100		-	Young Child or Children);
101		-	(C) Section 21.11 (Indecency With a Child);
102		-	(D) Section 22.011(a)(2) (Sexual Assault of a
103		-	Child);
104		-	(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
105		-	Sexual Assault of a Child);
106		-	(F) Section 33.021 (Online Solicitation of a
107		-	Minor);
108		-	(G) Section 43.25 (Sexual Performance by a
109		-	Child); or
110		-	(H) Section 43.26 (Possession or Promotion of
111		-	Child Pornography), Penal Code; or
112		-	(2) an attempt or conspiracy to commit an offense
113		-	described by Subdivision (1).
114		-	SECTION 3. The changes in law made by this Act apply only to
115		-	an offense committed on or after the effective date of this Act. An
116		-	offense committed before the effective date of this Act is governed
117		-	by the law in effect on the date the offense was committed, and the
118		-	former law is continued in effect for that purpose. For purposes of
119		-	this section, an offense was committed before the effective date of
120		-	this Act if any element of the offense occurred before that date.
121		-	SECTION 4. This Act takes effect September 1, 2019.
	66	+	SECTION 2. The change in law made by this Act applies only
	67	+	to an offense committed on or after the effective date of this Act.
	68	+	An offense committed before the effective date of this Act is
	69	+	governed by the law in effect on the date the offense was committed,
	70	+	and the former law is continued in effect for that purpose. For
	71	+	purposes of this section, an offense was committed before the
	72	+	effective date of this Act if any element of the offense occurred
	73	+	before that date.
	74	+	SECTION 3. This Act takes effect September 1, 2019.