S.B. No. 1802
AN ACT
relating to the prosecution of and punishment for certain
trafficking and prostitution offenses and certain other
consequences of those offenses; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.09 (Bestiality), 21.11
(Indecency with a child), 22.011 (Sexual assault), 22.021
(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
Penal Code;
(B) a violation of Section 43.04 (Aggravated
promotion of prostitution), 43.05 (Compelling prostitution), 43.25
(Sexual performance by a child), or 43.26 (Possession or promotion
of child pornography), Penal Code;
(B-1) a violation of Section 43.02
(Prostitution), Penal Code, if the offense is punishable under
Subsection (c-1)(3) of that section;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), (K), or (L), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code;
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code; or
(L) a violation of Section 20A.03 (Continuous
trafficking of persons), Penal Code, if the offense is based partly
or wholly on conduct that constitutes an offense under Section
20A.02(a)(3), (4), (7), or (8) of that code.
SECTION 2. Section 20A.02(a-1), Penal Code, is amended to
read as follows:
(a-1) For purposes of Subsection (a)(3), "coercion" as
defined by Section 1.07 includes:
(1) destroying, concealing, confiscating, or
withholding from a [the] trafficked person, or threatening to
destroy, conceal, confiscate, or withhold from a [the] trafficked
person, the [trafficked] person's actual or purported:
(A) [(1)] government records; or
(B) [(2)] identifying information or documents;
(2) causing a trafficked person, without the person's
consent, to become intoxicated, as defined by Section 49.01, to a
degree that impairs the person's ability to appraise the nature of
the prohibited conduct or to resist engaging in that conduct; or
(3) withholding alcohol or a controlled substance to a
degree that impairs the ability of a trafficked person with a
chemical dependency, as defined by Section 462.001, Health and
Safety Code, to appraise the nature of the prohibited conduct or to
resist engaging in that conduct.
SECTION 3. Section 43.03(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the third
degree [state jail felony], except that the offense is:
(1) a felony of the second [third] degree if the actor
has been previously convicted of an offense under this section; or
(2) a felony of the first [second] degree if the actor
engages in conduct described by Subsection (a)(1) or (2) involving
a person younger than 18 years of age engaging in prostitution,
regardless of whether the actor knows the age of the person at the
time of the offense.
SECTION 4. Section 43.04(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the [second
degree, except that the offense is a felony of the] first degree [if
the prostitution enterprise uses as a prostitute one or more
persons younger than 18 years of age, regardless of whether the
actor knows the age of the person at the time of the offense].
SECTION 5. Section 43.05, Penal Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) A person commits an offense if the person knowingly:
(1) causes another by force, threat, coercion, or
fraud to commit prostitution; or
(2) causes by any means a child younger than 18 years
to commit prostitution, regardless of whether the actor knows the
age of the child at the time of the offense.
(b) An offense under this section [Subsection (a)(1) is a
felony of the second degree. An offense under Subsection (a)(2)] is
a felony of the first degree.
(d) For purposes of this section, "coercion" as defined by
Section 1.07 includes:
(1) destroying, concealing, confiscating, or
withholding from a person, or threatening to destroy, conceal,
confiscate, or withhold from a person, the person's actual or
purported:
(A) government records; or
(B) identifying information or documents;
(2) causing a person, without the person's consent, to
become intoxicated, as defined by Section 49.01, to a degree that
impairs the person's ability to appraise the nature of the person's
conduct that constitutes prostitution or to resist engaging in that
conduct; or
(3) withholding alcohol or a controlled substance to a
degree that impairs the ability of a person with a chemical
dependency, as defined by Section 462.001, Health and Safety Code,
to appraise the nature of the person's conduct that constitutes
prostitution or to resist engaging in that conduct.
SECTION 6. (a) The change in law made by this Act to
Article 62.001(5), Code of Criminal Procedure, applies only to a
person who is required to register under Chapter 62, Code of
Criminal Procedure, on the basis of a conviction or adjudication
for or based on an offense committed on or after the effective date
of this Act. A person who is required to register under Chapter 62,
Code of Criminal Procedure, solely on the basis of a conviction or
adjudication for or based on 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.
(b) The changes in law made by this Act to Sections 20A.02,
43.03, 43.04, and 43.05, Penal Code, 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.
(c) 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 7. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1802 passed the Senate on
April 17, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1802 passed the House on
May 14, 2019, by the following vote: Yeas 141, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor