Texas 2019 - 86th Regular

Texas Senate Bill SB1802 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1802
	1	+	By: Huffman S.B. No. 1802
	2	+	(Hunter, Miller)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the prosecution of and punishment for certain
6	8		trafficking and prostitution offenses and certain other
7	9		consequences of those offenses; increasing criminal penalties.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Article 62.001(5), Code of Criminal Procedure,
10	12		is amended to read as follows:
11	13		(5) "Reportable conviction or adjudication" means a
12	14		conviction or adjudication, including an adjudication of
13	15		delinquent conduct or a deferred adjudication, that, regardless of
14	16		the pendency of an appeal, is a conviction for or an adjudication
15	17		for or based on:
16	18		(A) a violation of Section 21.02 (Continuous
17	19		sexual abuse of young child or children), 21.09 (Bestiality), 21.11
18	20		(Indecency with a child), 22.011 (Sexual assault), 22.021
19	21		(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
20	22		Penal Code;
21	23		(B) a violation of Section 43.04 (Aggravated
22	24		promotion of prostitution), 43.05 (Compelling prostitution), 43.25
23	25		(Sexual performance by a child), or 43.26 (Possession or promotion
24	26		of child pornography), Penal Code;
25	27		(B-1) a violation of Section 43.02
26	28		(Prostitution), Penal Code, if the offense is punishable under
27	29		Subsection (c-1)(3) of that section;
28	30		(C) a violation of Section 20.04(a)(4)
29	31		(Aggravated kidnapping), Penal Code, if the actor committed the
30	32		offense or engaged in the conduct with intent to violate or abuse
31	33		the victim sexually;
32	34		(D) a violation of Section 30.02 (Burglary),
33	35		Penal Code, if the offense or conduct is punishable under
34	36		Subsection (d) of that section and the actor committed the offense
35	37		or engaged in the conduct with intent to commit a felony listed in
36	38		Paragraph (A) or (C);
37	39		(E) a violation of Section 20.02 (Unlawful
38	40		restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
39	41		Penal Code, if, as applicable:
40	42		(i) the judgment in the case contains an
41	43		affirmative finding under Article 42.015; or
42	44		(ii) the order in the hearing or the papers
43	45		in the case contain an affirmative finding that the victim or
44	46		intended victim was younger than 17 years of age;
45	47		(F) the second violation of Section 21.08
46	48		(Indecent exposure), Penal Code, but not if the second violation
47	49		results in a deferred adjudication;
48	50		(G) an attempt, conspiracy, or solicitation, as
49	51		defined by Chapter 15, Penal Code, to commit an offense or engage in
50	52		conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
51	53		(H) a violation of the laws of another state,
52	54		federal law, the laws of a foreign country, or the Uniform Code of
53	55		Military Justice for or based on the violation of an offense
54	56		containing elements that are substantially similar to the elements
55	57		of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
56	58		(G), (J), (K), or (L), but not if the violation results in a
57	59		deferred adjudication;
58	60		(I) the second violation of the laws of another
59	61		state, federal law, the laws of a foreign country, or the Uniform
60	62		Code of Military Justice for or based on the violation of an offense
61	63		containing elements that are substantially similar to the elements
62	64		of the offense of indecent exposure, but not if the second violation
63	65		results in a deferred adjudication;
64	66		(J) a violation of Section 33.021 (Online
65	67		solicitation of a minor), Penal Code;
66	68		(K) a violation of Section 20A.02(a)(3), (4),
67	69		(7), or (8) (Trafficking of persons), Penal Code; or
68	70		(L) a violation of Section 20A.03 (Continuous
69	71		trafficking of persons), Penal Code, if the offense is based partly
70	72		or wholly on conduct that constitutes an offense under Section
71	73		20A.02(a)(3), (4), (7), or (8) of that code.
72	74		SECTION 2. Section 20A.02(a-1), Penal Code, is amended to
73	75		read as follows:
74	76		(a-1) For purposes of Subsection (a)(3), "coercion" as
75	77		defined by Section 1.07 includes:
76	78		(1) destroying, concealing, confiscating, or
77	79		withholding from a [the] trafficked person, or threatening to
78	80		destroy, conceal, confiscate, or withhold from a [the] trafficked
79	81		person, the [trafficked] person's actual or purported:
80	82		(A) [(1)] government records; or
81	83		(B) [(2)] identifying information or documents;
82	84		(2) causing a trafficked person, without the person's
83	85		consent, to become intoxicated, as defined by Section 49.01, to a
84	86		degree that impairs the person's ability to appraise the nature of
85	87		the prohibited conduct or to resist engaging in that conduct; or
86	88		(3) withholding alcohol or a controlled substance to a
87	89		degree that impairs the ability of a trafficked person with a
88	90		chemical dependency, as defined by Section 462.001, Health and
89	91		Safety Code, to appraise the nature of the prohibited conduct or to
90	92		resist engaging in that conduct.
91	93		SECTION 3. Section 43.03(b), Penal Code, is amended to read
92	94		as follows:
93	95		(b) An offense under this section is a felony of the third
94	96		degree [state jail felony], except that the offense is:
95	97		(1) a felony of the second [third] degree if the actor
96	98		has been previously convicted of an offense under this section; or
97	99		(2) a felony of the first [second] degree if the actor
98	100		engages in conduct described by Subsection (a)(1) or (2) involving
99	101		a person younger than 18 years of age engaging in prostitution,
100	102		regardless of whether the actor knows the age of the person at the
101	103		time of the offense.
102	104		SECTION 4. Section 43.04(b), Penal Code, is amended to read
103	105		as follows:
104	106		(b) An offense under this section is a felony of the [second
105	107		degree, except that the offense is a felony of the] first degree [if
106	108		the prostitution enterprise uses as a prostitute one or more
107	109		persons younger than 18 years of age, regardless of whether the
108	110		actor knows the age of the person at the time of the offense].
109	111		SECTION 5. Section 43.05, Penal Code, is amended by
110	112		amending Subsections (a) and (b) and adding Subsection (d) to read
111	113		as follows:
112	114		(a) A person commits an offense if the person knowingly:
113	115		(1) causes another by force, threat, coercion, or
114	116		fraud to commit prostitution; or
115	117		(2) causes by any means a child younger than 18 years
116	118		to commit prostitution, regardless of whether the actor knows the
117	119		age of the child at the time of the offense.
118	120		(b) An offense under this section [Subsection (a)(1) is a
119	121		felony of the second degree. An offense under Subsection (a)(2)] is
120	122		a felony of the first degree.
121	123		(d) For purposes of this section, "coercion" as defined by
122	124		Section 1.07 includes:
123	125		(1) destroying, concealing, confiscating, or
124	126		withholding from a person, or threatening to destroy, conceal,
125	127		confiscate, or withhold from a person, the person's actual or
126	128		purported:
127	129		(A) government records; or
128	130		(B) identifying information or documents;
129	131		(2) causing a person, without the person's consent, to
130	132		become intoxicated, as defined by Section 49.01, to a degree that
131	133		impairs the person's ability to appraise the nature of the person's
132	134		conduct that constitutes prostitution or to resist engaging in that
133	135		conduct; or
134	136		(3) withholding alcohol or a controlled substance to a
135	137		degree that impairs the ability of a person with a chemical
136	138		dependency, as defined by Section 462.001, Health and Safety Code,
137	139		to appraise the nature of the person's conduct that constitutes
138	140		prostitution or to resist engaging in that conduct.
139	141		SECTION 6. (a) The change in law made by this Act to
140	142		Article 62.001(5), Code of Criminal Procedure, applies only to a
141	143		person who is required to register under Chapter 62, Code of
142	144		Criminal Procedure, on the basis of a conviction or adjudication
143	145		for or based on an offense committed on or after the effective date
144	146		of this Act. A person who is required to register under Chapter 62,
145	147		Code of Criminal Procedure, solely on the basis of a conviction or
146	148		adjudication for or based on an offense committed before the
147	149		effective date of this Act is governed by the law in effect on the
148	150		date the offense was committed, and the former law is continued in
149	151		effect for that purpose.
150	152		(b) The changes in law made by this Act to Sections 20A.02,
151	153		43.03, 43.04, and 43.05, Penal Code, apply only to an offense
152	154		committed on or after the effective date of this Act. An offense
153	155		committed before the effective date of this Act is governed by the
154	156		law in effect on the date the offense was committed, and the former
155	157		law is continued in effect for that purpose.
156	158		(c) For purposes of this section, an offense was committed
157	159		before the effective date of this Act if any element of the offense
158	160		occurred before that date.
159	161		SECTION 7. This Act takes effect September 1, 2019.
160		-	______________________________ ______________________________
161		-	President of the Senate Speaker of the House
162		-	I hereby certify that S.B. No. 1802 passed the Senate on
163		-	April 17, 2019, by the following vote: Yeas 31, Nays 0.
164		-	______________________________
165		-	Secretary of the Senate
166		-	I hereby certify that S.B. No. 1802 passed the House on
167		-	May 14, 2019, by the following vote: Yeas 141, Nays 0, two
168		-	present not voting.
169		-	______________________________
170		-	Chief Clerk of the House
171		-	Approved:
172		-	______________________________
173		-	Date
174		-	______________________________
175		-	Governor