86R21864 LHC-D
By: Shaheen H.B. No. 934
Substitute the following for H.B. No. 934:
By: Zedler C.S.H.B. No. 934
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of trafficking of
persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20A.02, Penal Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) A person commits an offense if the person [knowingly]:
(1) knowingly traffics another person with the intent
that the trafficked person engage in forced labor or services;
(2) knowingly receives a benefit from participating in
a venture that involves an activity described by Subdivision (1),
including by receiving labor or services the person knows are
forced labor or services;
(3) knowingly traffics another person and, through
force, fraud, or coercion, causes the trafficked person to engage
in conduct prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(C) Section 43.04 (Aggravated Promotion of
Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) either:
(A) in the course of engaging in conduct that
constitutes an offense under Section 43.02(b), engages in sexual
conduct with a person trafficked in the manner described by
Subdivision (3), regardless of whether the actor knows that the
person has been trafficked in the manner described by that
subdivision; or
(B) knowingly receives a benefit from
participating in a venture that involves an activity described by
Subdivision (3) [or engages in sexual conduct with a person
trafficked in the manner described in Subdivision (3)];
(5) knowingly traffics a child with the intent that
the trafficked child engage in forced labor or services;
(6) knowingly receives a benefit from participating
in a venture that involves an activity described by Subdivision
(5), including by receiving labor or services the person knows are
forced labor or services;
(7) knowingly traffics a child and by any means causes
the trafficked child to engage in, or become the victim of, conduct
prohibited by:
(A) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children);
(B) Section 21.11 (Indecency with a Child);
(C) Section 22.011 (Sexual Assault);
(D) Section 22.021 (Aggravated Sexual Assault);
(E) Section 43.02 (Prostitution);
(F) Section 43.03 (Promotion of Prostitution);
(G) Section 43.04 (Aggravated Promotion of
Prostitution);
(H) Section 43.05 (Compelling Prostitution);
(I) Section 43.25 (Sexual Performance by a
Child);
(J) Section 43.251 (Employment Harmful to
Children); or
(K) Section 43.26 (Possession or Promotion of
Child Pornography); or
(8) either:
(A) in the course of engaging in conduct that
constitutes an offense under Section 43.02(b), engages in sexual
conduct with a child trafficked in the manner described by
Subdivision (7), regardless of whether the actor knows that the
child has been trafficked in the manner described by that
subdivision; or
(B) knowingly receives a benefit from
participating in a venture that involves an activity described by
Subdivision (7) [or engages in sexual conduct with a child
trafficked in the manner described in Subdivision (7)].
(b) Except as otherwise provided by Subsection (b-1) [this
subsection], an offense under this section is a felony of the second
degree and an offense under Subsection (a)(4)(A) is a state jail
felony.
(b-1) An offense under this section is a felony of the first
degree if:
(1) the applicable conduct constitutes an offense
under Subsection (a)(5), (6), (7), or (8), regardless of whether
the actor knows the age of the child at the time of the offense;
(2) the commission of the offense results in the death
of the person who is trafficked; or
(3) the commission of the offense results in the death
of an unborn child of the person who is trafficked.
SECTION 2. Section 2(a), Article 38.37, Code of Criminal
Procedure, is amended to read as follows:
(a) Subsection (b) applies only to the trial of a defendant
for:
(1) an offense under any of the following provisions
of the Penal Code:
(A) Section 20A.02, if punishable as a felony of
the first degree under Section 20A.02(b-1)(1) [20A.02(b)(1)]
([Sex] Trafficking of a Child);
(B) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children);
(C) Section 21.11 (Indecency With a Child);
(D) Section 22.011(a)(2) (Sexual Assault of a
Child);
(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
Sexual Assault of a Child);
(F) Section 33.021 (Online Solicitation of a
Minor);
(G) Section 43.25 (Sexual Performance by a
Child); or
(H) Section 43.26 (Possession or Promotion of
Child Pornography), Penal Code; or
(2) an attempt or conspiracy to commit an offense
described by Subdivision (1).
SECTION 3. The changes in law made by this Act 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. 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 4. This Act takes effect September 1, 2019.