86R27378 JRR-F
By: Huffman, et al. S.B. No. 1257
(Leach, Bonnen of Galveston)
Substitute the following for S.B. No. 1257: No.
A BILL TO BE ENTITLED
AN ACT
relating to the investigation and prosecution of criminal offenses
involving the trafficking of persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 13.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 13.12. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT,
KIDNAPPING, AND SMUGGLING OF PERSONS. (a) Venue for trafficking
of persons, false imprisonment, kidnapping, and smuggling of
persons is in:
(1) the county in which the offense was committed; or
(2) any county through, into, or out of which the
person trafficked, falsely imprisoned, kidnapped, or transported
may have been taken.
(b) If a defendant commits an offense under Chapter 20A,
Penal Code, that is part of a criminal episode, as defined by
Section 3.01, Penal Code, all of the offenses arising out of the
same criminal episode may be prosecuted in any county that has venue
over an offense constituting part of that criminal episode.
SECTION 2. Chapter 20A, Penal Code, is amended by adding
Section 20A.05 to read as follows:
Sec. 20A.05. FORWARDING OF CASE INFORMATION ON COMPLETION
OF INVESTIGATION BY CERTAIN STATE AGENCIES. On completion of an
investigation of an offense under this chapter that is conducted by
a state agency other than the office of the attorney general, the
state agency shall forward copies of each offense report prepared
in the investigation and all other case information to:
(1) the appropriate local county or district attorney;
and
(2) the attorney general.
SECTION 3. Title 5, Penal Code, is amended by adding Chapter
20B to read as follows:
CHAPTER 20B. CONCURRENT JURISDICTION IN CASES INVOLVING
TRAFFICKING OF PERSONS
Sec. 20B.01. DEFINITION. In this chapter, "criminal
episode" has the meaning assigned by Section 3.01.
Sec. 20B.02. PROSECUTION BY ATTORNEY GENERAL IN
MULTIJURISDICTIONAL CASES AUTHORIZED. (a) The attorney general
may prosecute an offense under Chapter 20A if the offense or any
element of the offense:
(1) occurs in more than one county in this state; or
(2) occurs in a county in this state as well as in
another state or country.
(b) The attorney general may prosecute any other offense
that occurs in this state and arises out of the same criminal
episode as an offense described by Subsection (a).
(c) The attorney general may appear before a grand jury in
connection with an offense the attorney general is authorized to
prosecute under this section.
(d) The authority to prosecute prescribed by this section
does not affect the authority derived from other law to prosecute
the same offenses.
Sec. 20B.03. SINGLE JURISDICTIONAL CASE: CONCURRENT
JURISDICTION FOLLOWING LOCAL PROSECUTOR'S RIGHT OF FIRST REFUSAL.
(a) This section does not apply to an offense described by Section
20B.02(a).
(b) Not later than the 30th day after the date a local county
or district attorney becomes aware of conduct that may constitute
an offense under Chapter 20A, the local county or district attorney
shall notify the attorney general in writing of the conduct. The
notice provided under this subsection must describe the conduct
that may constitute an offense under Chapter 20A and must describe
or otherwise identify each person suspected at that time of having
engaged in the conduct.
(c) If a local county or district attorney described by
Subsection (b) determines that the attorney will not pursue a
criminal investigation of the applicable conduct or will not
prosecute a criminal charge in relation to that conduct, the local
county or district attorney shall notify the attorney general of
that determination not later than the 30th day after the date of the
determination. On receipt of notice under this subsection, the
attorney general may begin a criminal investigation of the
applicable conduct and may prosecute:
(1) any offense under Chapter 20A relating to the
attorney general's investigation of that conduct; and
(2) any other offense arising out of the same criminal
episode.
Sec. 20B.04. EXPIRATION. This chapter expires September 1,
2031.
SECTION 4. The changes in law made by this Act apply only to
the investigation and prosecution of an offense committed on or
after the effective date of this Act. The investigation and
prosecution of 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 5. This Act takes effect September 1, 2019.