Texas 2019 - 86th Regular

Texas Senate Bill SB1257 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R27378 JRR-F
2		-	By: Huffman, et al. S.B. No. 1257
3		-	(Leach, Bonnen of Galveston)
4		-	Substitute the following for S.B. No. 1257: No.
	1	+	By: Huffman, Perry S.B. No. 1257
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the investigation and prosecution of criminal offenses
10	7		involving the trafficking of persons.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Article 13.12, Code of Criminal Procedure, is
13	10		amended to read as follows:
14	11		Art. 13.12. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT,
15	12		KIDNAPPING, AND SMUGGLING OF PERSONS. (a) Venue for trafficking
16	13		of persons, false imprisonment, kidnapping, and smuggling of
17	14		persons is in:
18	15		(1) the county in which the offense was committed; or
19	16		(2) any county through, into, or out of which the
20	17		person trafficked, falsely imprisoned, kidnapped, or transported
21	18		may have been taken.
22	19		(b) If a defendant commits an offense under Chapter 20A,
23	20		Penal Code, that is part of a criminal episode, as defined by
24	21		Section 3.01, Penal Code, all of the offenses arising out of the
25	22		same criminal episode may be prosecuted in any county that has venue
26	23		over an offense constituting part of that criminal episode.
27	24		SECTION 2. Chapter 20A, Penal Code, is amended by adding
28	25		Section 20A.05 to read as follows:
29	26		Sec. 20A.05. FORWARDING OF CASE INFORMATION ON COMPLETION
30	27		OF INVESTIGATION BY CERTAIN STATE AGENCIES. On completion of an
31	28		investigation of an offense under this chapter that is conducted by
32	29		a state agency other than the office of the attorney general, the
33	30		state agency shall forward copies of each offense report prepared
34	31		in the investigation and all other case information to:
35	32		(1) the appropriate local county or district attorney;
36	33		and
37	34		(2) the attorney general.
38	35		SECTION 3. Title 5, Penal Code, is amended by adding Chapter
39	36		20B to read as follows:
40	37		CHAPTER 20B. CONCURRENT JURISDICTION IN CASES INVOLVING
41	38		TRAFFICKING OF PERSONS
42	39		Sec. 20B.01. DEFINITION. In this chapter, "criminal
43	40		episode" has the meaning assigned by Section 3.01.
44	41		Sec. 20B.02. PROSECUTION BY ATTORNEY GENERAL IN
45	42		MULTIJURISDICTIONAL CASES AUTHORIZED. (a) The attorney general
46	43		may prosecute an offense under Chapter 20A if the offense or any
47	44		element of the offense:
48	45		(1) occurs in more than one county in this state; or
49	46		(2) occurs in a county in this state as well as in
50	47		another state or country.
51	48		(b) The attorney general may prosecute any other offense
52	49		that occurs in this state and arises out of the same criminal
53	50		episode as an offense described by Subsection (a).
54	51		(c) The attorney general may appear before a grand jury in
55	52		connection with an offense the attorney general is authorized to
56	53		prosecute under this section.
57	54		(d) The authority to prosecute prescribed by this section
58	55		does not affect the authority derived from other law to prosecute
59	56		the same offenses.
60	57		Sec. 20B.03. SINGLE JURISDICTIONAL CASE: CONCURRENT
61	58		JURISDICTION FOLLOWING LOCAL PROSECUTOR'S RIGHT OF FIRST REFUSAL.
62	59		(a) This section does not apply to an offense described by Section
63	60		20B.02(a).
64	61		(b) Not later than the 30th day after the date a local county
65	62		or district attorney becomes aware of conduct that may constitute
66	63		an offense under Chapter 20A, the local county or district attorney
67	64		shall notify the attorney general in writing of the conduct. The
68	65		notice provided under this subsection must describe the conduct
69	66		that may constitute an offense under Chapter 20A and must describe
70	67		or otherwise identify each person suspected at that time of having
71	68		engaged in the conduct.
72	69		(c) If a local county or district attorney described by
73	70		Subsection (b) determines that the attorney will not pursue a
74	71		criminal investigation of the applicable conduct or will not
75	72		prosecute a criminal charge in relation to that conduct, the local
76	73		county or district attorney shall notify the attorney general of
77	74		that determination not later than the 30th day after the date of the
78	75		determination. On receipt of notice under this subsection, the
79	76		attorney general may begin a criminal investigation of the
80	77		applicable conduct and may prosecute:
81	78		(1) any offense under Chapter 20A relating to the
82	79		attorney general's investigation of that conduct; and
83	80		(2) any other offense arising out of the same criminal
84	81		episode.
85		-	Sec. 20B.04. EXPIRATION. This chapter expires September 1,
86		-	2031.
87	82		SECTION 4. The changes in law made by this Act apply only to
88	83		the investigation and prosecution of an offense committed on or
89	84		after the effective date of this Act. The investigation and
90	85		prosecution of an offense committed before the effective date of
91	86		this Act is governed by the law in effect on the date the offense was
92	87		committed, and the former law is continued in effect for that
93	88		purpose. For purposes of this section, an offense was committed
94	89		before the effective date of this Act if any element of the offense
95	90		occurred before that date.
96	91		SECTION 5. This Act takes effect September 1, 2019.