S.B. No. 20
AN ACT
relating to the prevention of, reporting regarding, investigation
of, prosecution of, criminal and civil penalties for, and other
consequences of prostitution, trafficking of persons, and related
criminal offenses, to treatment, services, and compensation
available to victims of those offenses, and to orders of
nondisclosure for certain persons who are victims of certain of
those offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TRAFFICKING OF PERSONS AND CONTINUOUS TRAFFICKING OF
PERSONS
SECTION 1.01. Section 3.03(b), Penal Code, is amended to
read as follows:
(b) If the accused is found guilty of more than one offense
arising out of the same criminal episode, the sentences may run
concurrently or consecutively if each sentence is for a conviction
of:
(1) an offense:
(A) under Section 49.07 or 49.08, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(2) an offense:
(A) under Section 33.021 or an offense under
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
against a victim younger than 17 years of age at the time of the
commission of the offense regardless of whether the accused is
convicted of violations of the same section more than once or is
convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) committed against a victim younger than 17
years of age at the time of the commission of the offense regardless
of whether the accused is charged with violations of the same
section more than once or is charged with violations of more than
one section;
(3) an offense:
(A) under Section 21.15 or 43.26, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(4) an offense for which the judgment in the case
contains an affirmative finding under Article 42.0197, Code of
Criminal Procedure;
(5) an offense:
(A) under Section 20A.02, 20A.03, or 43.05,
regardless of whether the accused is convicted of violations of the
same section more than once or is convicted of violations of more
than one section [both sections]; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of more than one section [both sections];
or
(6) an offense:
(A) under Section 22.04(a)(1) or (2) or Section
22.04(a-1)(1) or (2) that is punishable as a felony of the first
degree, regardless of whether the accused is convicted of
violations of the same section more than once or is convicted of
violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) and punishable as described by that
paragraph, regardless of whether the accused is charged with
violations of the same section more than once or is charged with
violations of more than one section.
SECTION 1.02. Section 402.035(h), Government Code, as
amended by Chapter 762 (S.B. 2039), Acts of the 85th Legislature,
Regular Session, 2017, and repealed by Chapter 685 (H.B. 29), Acts
of the 85th Legislature, Regular Session, 2017, is repealed.
SECTION 1.03. The change in law made by this article applies
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 was
committed before that date.
ARTICLE 2. PENALTIES FOR PROSTITUTION
SECTION 2.01. Subchapter K, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.515 to read as follows:
Art. 42A.515. COMMUNITY SUPERVISION FOR CERTAIN
PROSTITUTION OFFENSES. (a) Except as provided by Subsection (e),
on a defendant's conviction of a Class B misdemeanor under Section
43.02(a), Penal Code, the judge shall suspend imposition of the
sentence and place the defendant on community supervision.
(b) Except as provided by Subsection (e), on a defendant's
conviction of a state jail felony under Section 43.02(c)(2), Penal
Code, that is punished under Section 12.35(a), Penal Code, the
judge shall suspend the imposition of the sentence and place the
defendant on community supervision. This subsection does not apply
to a defendant who has previously been convicted of any other state
jail felony under Section 43.02(c)(2), Penal Code, that is punished
under Section 12.35, Penal Code.
(c) A judge who places a defendant on community supervision
under Subsection (a) or (b) shall require as a condition of
community supervision that the defendant participate in a
commercially sexually exploited persons court program established
under Chapter 126, Government Code, if a program has been
established for the county or municipality where the defendant
resides. Sections 126.002(b) and (c), Government Code, do not
apply with respect to a defendant required to participate in the
court program under this subsection.
(d) A judge who requires a defendant to participate in a
commercially sexually exploited persons court program under
Subsection (c) may suspend in whole or in part the imposition of the
program fee described by Section 126.006, Government Code.
(e) In any case in which the jury assesses punishment, the
judge must follow the recommendations of the jury in suspending the
imposition of a sentence or ordering a sentence to be executed. If
a jury assessing punishment does not recommend community
supervision, the judge must order the sentence to be executed in
whole.
(f) The judge may suspend in whole or in part the imposition
of any fine imposed on conviction.
SECTION 2.02. Article 42A.551(d), Code of Criminal
Procedure, is amended to read as follows:
(d) On conviction of a state jail felony punished under
Section 12.35(a), Penal Code, other than a state jail felony listed
in Subsection (a) or to which Article 42A.515 applies, subject to
Subsection (e), the judge may:
(1) suspend the imposition of the sentence and place
the defendant on community supervision; or
(2) order the sentence to be executed:
(A) in whole; or
(B) in part, with a period of community
supervision to begin immediately on release of the defendant from
confinement.
SECTION 2.03. 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 43.05 (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)(2) [(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 2.04. Section 402.035, Government Code, is amended
by amending Subsection (d) and adding Subsection (f-3) to read as
follows:
(d) The task force shall:
(1) collaborate, as needed to fulfill the duties of
the task force, with:
(A) United States attorneys' offices for all of
the federal districts of Texas; and
(B) special agents or customs and border
protection officers and border patrol agents of:
(i) the Federal Bureau of Investigation;
(ii) the United States Drug Enforcement
Administration;
(iii) the Bureau of Alcohol, Tobacco,
Firearms and Explosives;
(iv) United States Immigration and Customs
Enforcement; or
(v) the United States Department of
Homeland Security;
(2) collect, organize, and periodically publish
statistical data on the nature and extent of human trafficking in
this state, including data described by Subdivisions (4)(A), (B),
(C), (D), and (E);
(3) solicit cooperation and assistance from state and
local governmental agencies, political subdivisions of the state,
nongovernmental organizations, and other persons, as appropriate,
for the purpose of collecting and organizing statistical data under
Subdivision (2);
(4) ensure that each state or local governmental
agency and political subdivision of the state and each state or
local law enforcement agency, district attorney, or county attorney
that assists in the prevention of human trafficking collects
statistical data related to human trafficking, including, as
appropriate:
(A) the number of investigations concerning,
arrests and prosecutions for, and convictions of:
(i) the offense of trafficking of persons;
(ii) the offense of forgery or an offense
under Chapter 43, Penal Code, if the offense was committed as part
of a criminal episode involving the trafficking of persons; and
(iii) an offense punishable under Section
43.02(c-1)(2) [43.02(c-1)(3)], Penal Code, regardless of whether
the offense was committed as part of a criminal episode involving
the trafficking of persons;
(B) demographic information on persons who are
convicted of offenses described by Paragraph (A) and persons who
are the victims of those offenses;
(C) geographic routes by which human trafficking
victims are trafficked, including routes by which victims are
trafficked across this state's international border, and
geographic patterns in human trafficking, including the country or
state of origin and the country or state of destination;
(D) means of transportation and methods used by
persons who engage in trafficking to transport their victims; and
(E) social and economic factors that create a
demand for the labor or services that victims of human trafficking
are forced to provide;
(5) work with the Texas Commission on Law Enforcement
to develop and conduct training for law enforcement personnel,
victim service providers, and medical service providers to identify
victims of human trafficking;
(6) work with the Texas Education Agency, the
Department of Family and Protective Services, and the Health and
Human Services Commission to:
(A) develop a list of key indicators that a
person is a victim of human trafficking;
(B) develop a standardized curriculum for
training doctors, nurses, emergency medical services personnel,
teachers, school counselors, school administrators, and personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission to identify and assist victims
of human trafficking;
(C) train doctors, nurses, emergency medical
services personnel, teachers, school counselors, school
administrators, and personnel from the Department of Family and
Protective Services and the Health and Human Services Commission to
identify and assist victims of human trafficking;
(D) develop and conduct training for personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission on methods for identifying
children in foster care who may be at risk of becoming victims of
human trafficking; and
(E) develop a process for referring identified
human trafficking victims and individuals at risk of becoming
victims to appropriate entities for services;
(7) on the request of a judge of a county court, county
court at law, or district court or a county attorney, district
attorney, or criminal district attorney, assist and train the judge
or the judge's staff or the attorney or the attorney's staff in the
recognition and prevention of human trafficking;
(8) examine training protocols related to human
trafficking issues, as developed and implemented by federal, state,
and local law enforcement agencies;
(9) collaborate with state and local governmental
agencies, political subdivisions of the state, and nongovernmental
organizations to implement a media awareness campaign in
communities affected by human trafficking;
(10) develop recommendations on how to strengthen
state and local efforts to prevent human trafficking, protect and
assist human trafficking victims, curb markets and other economic
avenues that facilitate human trafficking and investigate and
prosecute human trafficking offenders;
(11) examine the extent to which human trafficking is
associated with the operation of sexually oriented businesses, as
defined by Section 243.002, Local Government Code, and the
workplace or public health concerns that are created by the
association of human trafficking and the operation of sexually
oriented businesses;
(12) develop recommendations for addressing the
demand for forced labor or services or sexual conduct involving
victims of human trafficking, including recommendations for
increased penalties for individuals who engage or attempt to engage
in prostitution with victims younger than 18 years of age; and
(13) identify and report to the governor and
legislature on laws, licensure requirements, or other regulations
that can be passed at the state and local level to curb trafficking
using the Internet and in sexually oriented businesses.
(f-3) The attorney general may enter into a contract with an
institution of higher education or private or independent
institution of higher education, as those terms are defined by
Section 61.003, Education Code, for the institution's assistance in
the collection and analysis of information received under this
section. The attorney general may adopt rules to administer the
submission and collection of information under this section.
SECTION 2.05. Section 43.02(c-1), Penal Code, is amended to
read as follows:
(c-1) An offense under Subsection (b) is a Class A [B]
misdemeanor, except that the offense is:
(1) [a Class A misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection (b);
[(2)] a state jail felony if the actor has previously
been convicted [three or more times] of an offense under Subsection
(b); or
(2) [(3)] a felony of the second degree if the person
with whom the actor agrees to engage in sexual conduct is:
(A) younger than 18 years of age, regardless of
whether the actor knows the age of the person at the time of the
offense;
(B) represented to the actor as being younger
than 18 years of age; or
(C) believed by the actor to be younger than 18
years of age.
SECTION 2.06. (a) Except as provided by Subsection (b) of
this section, the change in law made by this article applies 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.
(b) Subsection (a) of this section does not apply to Section
402.035(f-3), Government Code, as added by this article.
ARTICLE 3. ONLINE PROMOTION OF PROSTITUTION
SECTION 3.01. Section 43.01, Penal Code, is amended by
amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b),
(1-c), (1-d), and (1-e) to read as follows:
(1) "Access software provider" means a provider of
software, including client or server software, or enabling tools
that perform one or more of the following functions:
(A) filter, screen, allow, or disallow content;
(B) select, analyze, or digest content; or
(C) transmit, receive, display, forward, cache,
search, subset, organize, reorganize, or translate content.
(1-a) [(1)] "Deviate sexual intercourse" means any
contact between the genitals of one person and the mouth or anus of
another person.
(1-b) [(1-a)] "Fee" means the payment or offer of
payment in the form of money, goods, services, or other benefit.
(1-c) "Information content provider" means any person
or entity that is wholly or partly responsible for the creation or
development of information provided through the Internet or any
other interactive computer service.
(1-d) "Interactive computer service" means any
information service, system, or access software provider that
provides or enables computer access to a computer server by
multiple users, including a service or system that provides access
to the Internet or a system operated or service offered by a library
or educational institution.
(1-e) "Internet" means the international computer
network of both federal and nonfederal interoperable packet
switched data networks.
SECTION 3.02. Subchapter A, Chapter 43, Penal Code, is
amended by adding Sections 43.031 and 43.041 to read as follows:
Sec. 43.031. ONLINE PROMOTION OF PROSTITUTION. (a) A
person commits an offense if the person owns, manages, or operates
an interactive computer service or information content provider, or
operates as an information content provider, with the intent to
promote the prostitution of another person or facilitate another
person to engage in prostitution.
(b) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor:
(1) has been previously convicted of an offense under
this section or Section 43.041; or
(2) engages in conduct described by Subsection (a)
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.
Sec. 43.041. AGGRAVATED ONLINE PROMOTION OF PROSTITUTION.
(a) A person commits an offense if the person owns, manages, or
operates an interactive computer service or information content
provider, or operates as an information content provider, with the
intent to promote the prostitution of five or more persons or
facilitate five or more persons to engage in prostitution.
(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 actor:
(1) has been previously convicted of an offense under
this section; or
(2) engages in conduct described by Subsection (a)
involving two or more persons younger than 18 years of age engaging
in prostitution, regardless of whether the actor knows the age of
the persons at the time of the offense.
SECTION 3.03. Section 98A.001, Civil Practice and Remedies
Code, is amended by adding Subdivisions (1-a) and (4-a) to read as
follows:
(1-a) "Aggravated online promotion of prostitution"
means conduct that constitutes an offense under Section 43.041,
Penal Code.
(4-a) "Online promotion of prostitution" means
conduct that constitutes an offense under Section 43.031, Penal
Code.
SECTION 3.04. Section 98A.002(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A defendant is liable to a victim of compelled
prostitution, as provided by this chapter, for damages arising from
the compelled prostitution if the defendant:
(1) engages in compelling prostitution with respect to
the victim;
(2) knowingly or intentionally engages in promotion of
prostitution, online promotion of prostitution, aggravated
promotion of prostitution, or aggravated online promotion of
prostitution that results in compelling prostitution with respect
to the victim; or
(3) purchases an advertisement that the defendant
knows or reasonably should know constitutes promotion of
prostitution or aggravated promotion of prostitution, and the
publication of the advertisement results in compelling
prostitution with respect to the victim.
SECTION 3.05. Article 18A.101, Code of Criminal Procedure,
is amended to read as follows:
Art. 18A.101. OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE
ISSUED. A judge of competent jurisdiction may issue an
interception order only if the prosecutor applying for the order
shows probable cause to believe that the interception will provide
evidence of the commission of:
(1) a felony under any of the following provisions of
the Health and Safety Code:
(A) Chapter 481, other than felony possession of
marihuana;
(B) Chapter 483; or
(C) Section 485.032;
(2) an offense under any of the following provisions
of the Penal Code:
(A) Section 19.02;
(B) Section 19.03;
(C) Section 20.03;
(D) Section 20.04;
(E) Chapter 20A;
(F) Chapter 34, if the criminal activity giving
rise to the proceeds involves the commission of an offense under
Title 5, Penal Code, or an offense under federal law or the laws of
another state containing elements that are substantially similar to
the elements of an offense under Title 5;
(G) Section 38.11;
(H) Section 43.04;
(I) Section 43.041;
(J) Section 43.05; or
(K) [(J)] Section 43.26; or
(3) an attempt, conspiracy, or solicitation to commit
an offense listed in Subdivision (1) or (2).
SECTION 3.06. Article 56.32(a)(14), Code of Criminal
Procedure, is amended to read as follows:
(14) "Trafficking of persons" means any offense that
results in a person engaging in forced labor or services, including
sexual conduct, and that may be prosecuted under Section 20A.02,
20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or
43.26, Penal Code.
SECTION 3.07. Article 56.81(7), Code of Criminal Procedure,
is amended to read as follows:
(7) "Trafficking of persons" means any conduct that
constitutes an offense under Section 20A.02, 20A.03, 43.03, 43.031,
43.04, 43.041, 43.05, 43.25, 43.251, or 43.26, Penal Code, and that
results in a person:
(A) engaging in forced labor or services; or
(B) otherwise becoming a victim of the offense.
SECTION 3.08. Section 411.042(b), Government Code, is
amended to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of:
(A) offenses in which family violence was
involved;
(B) offenses under Sections 22.011 and 22.021,
Penal Code; and
(C) offenses under Sections 20A.02, 43.02(a),
43.02(b), 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and magistrate's orders of emergency
protection and all other pertinent information about all persons
subject to active orders, including pertinent information about
persons subject to conditions of bond imposed for the protection of
the victim in any family violence, sexual assault or abuse,
stalking, or trafficking case. Information in the law enforcement
information system relating to an active order shall include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Article 17.292(e),
Code of Criminal Procedure;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Article 17.292(e), Code of Criminal Procedure;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed;
(G) the conditions of bond imposed on the person
to whom the order is directed, if any, for the protection of a
victim in any family violence, sexual assault or abuse, stalking,
or trafficking case;
(H) any minimum distance the person subject to
the order is required to maintain from the protected places or
persons; and
(I) the date the order expires;
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) collect and disseminate information regarding
offenders with mental impairments in compliance with Chapter 614,
Health and Safety Code; and
(9) record data and maintain a state database for a
computerized criminal history record system and computerized
juvenile justice information system that serves:
(A) as the record creation point for criminal
history record information and juvenile justice information
maintained by the state; and
(B) as the control terminal for the entry of
records, in accordance with federal law and regulations, federal
executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
SECTION 3.09. Section 499.027(b), Government Code, is
amended to read as follows:
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense for
which the judgment contains an affirmative finding under Article
42A.054(c) or (d), Code of Criminal Procedure;
(2) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense
listed in one of the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is
punished as a first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of
prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or
display of harmful material to minor);
(T) Section 43.25 (sexual performance by a
child);
(U) Section 46.10 (deadly weapon in penal
institution);
(V) Section 15.01 (criminal attempt), if the
offense attempted is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the
offense that is the subject of the conspiracy is listed in this
subsection;
(X) Section 15.03 (criminal solicitation), if
the offense solicited is listed in this subsection;
(Y) Section 21.02 (continuous sexual abuse of
young child or children);
(Z) Section 20A.02 (trafficking of persons);
[or]
(AA) Section 20A.03 (continuous trafficking of
persons); or
(BB) Section 43.041 (aggravated online promotion
of prostitution); or
(3) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense under
Chapter 481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum term
of imprisonment or the maximum fine for a first degree felony.
SECTION 3.10. Section 169.002(b), Health and Safety Code,
is amended to read as follows:
(b) A defendant is eligible to participate in a first
offender prostitution prevention program established under this
chapter only if:
(1) the attorney representing the state consents to
the defendant's participation in the program; and
(2) the court in which the criminal case is pending
finds that the defendant has not been previously convicted of:
(A) an offense under Section 20A.02, 43.02,
43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code;
(B) an offense listed in Article 42A.054(a), Code
of Criminal Procedure; or
(C) an offense punishable as a felony under
Chapter 481.
SECTION 3.11. Section 20A.02(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person knowingly:
(1) traffics another person with the intent that the
trafficked person engage in forced labor or services;
(2) 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) 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);
(B-1) Section 43.031 (Online Promotion of
Prostitution);
(C) Section 43.04 (Aggravated Promotion of
Prostitution);
(C-1) Section 43.041 (Aggravated Online
Promotion of Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) 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) traffics a child with the intent that the
trafficked child engage in forced labor or services;
(6) 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) 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);
(F-1) Section 43.031 (Online Promotion of
Prostitution);
(G) Section 43.04 (Aggravated Promotion of
Prostitution);
(G-1) Section 43.041 (Aggravated Online
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) 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).
ARTICLE 4. ORDERS OF NONDISCLOSURE FOR CERTAIN VICTIMS OF
TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION
SECTION 4.01. Section 411.0728, Government Code, is amended
to read as follows:
Sec. 411.0728. PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
OF PERSONS OR COMPELLING PROSTITUTION. (a) This section applies
only to a person:
(1) who is convicted of or placed on deferred
adjudication community supervision [under Chapter 42A, Code of
Criminal Procedure, after conviction] for an offense under:
(A) Section 481.120, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(B) Section 481.121, Health and Safety Code, if
the offense is punishable under Subsection (b)(1);
(C) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(1) or (2); or
(D) Section 43.02, Penal Code; [or
[(E) Section 43.03(a)(2), Penal Code, if the
offense is punishable as a Class A misdemeanor;] and
(2) who, if requested by the applicable law
enforcement agency or prosecuting attorney to provide assistance in
the investigation or prosecution of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code, or a federal offense
containing elements that are substantially similar to the elements
of an offense under any of those sections:
(A) provided assistance in the investigation or
prosecution of the offense; or
(B) did not provide assistance in the
investigation or prosecution of the offense due to the person's age
or a physical or mental disability resulting from being a victim of
an offense described by this subdivision [with respect to whom the
conviction is subsequently set aside by the court under Article
42A.701, Code of Criminal Procedure].
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) who satisfies
the requirements of Section 411.074(b) [411.074] may petition the
court that convicted the person or placed the person on deferred
adjudication community supervision for an order of nondisclosure of
criminal history record information under this section on the
grounds that the person committed the offense solely as a victim of
an offense under Section 20A.02, 20A.03, or 43.05, Penal Code
[trafficking of persons].
(b-1) A petition under Subsection (b) must:
(1) be in writing;
(2) allege specific facts that, if proved, would
establish that the petitioner committed the offense described by
Subsection (a)(1) solely as a victim of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code; and
(3) assert that if the person has previously submitted
a petition for [seeking] an order of nondisclosure under this
section, the person has not committed an offense described by
Subsection (a)(1) on or after the date on which the person's first
petition [previously received an order of nondisclosure] under this
section was submitted.
(b-2) On the filing of the petition under Subsection (b),
the clerk of the court shall promptly serve a copy of the petition
and any supporting document on the appropriate office of the
attorney representing the state. Any response to the petition by
the attorney representing the state must be filed not later than the
20th business day after the date of service under this subsection.
(b-3) A person convicted of or placed on deferred
adjudication community supervision for more than one offense
described by Subsection (a)(1) that the person committed solely as
a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal
Code, may file a petition for an order of nondisclosure of criminal
history record information under this section with respect to each
offense, and may request consolidation of those petitions, in a
district court in the county where the person was most recently
convicted or placed on deferred adjudication community supervision
as described by this subsection. On receipt of a request for
consolidation, the court shall consolidate the petitions and
exercise jurisdiction over the petitions, regardless of the county
in which the offenses described by Subsection (a)(1) occurred. For
each offense that is the subject of a consolidated petition and that
occurred in a county other than the county in which the court
consolidating the petitions is located, the clerk of the court, in
addition to the clerk's duties under Subsection (b-2), shall
promptly serve a copy of the consolidated petition and any
supporting document related to the applicable offense on the
appropriate office of the attorney representing the state on behalf
of the other county. Each attorney representing the state who
receives a copy of a consolidated petition under this subsection
may file a response to the petition in accordance with Subsection
(b-2).
(b-4) A district court that consolidates petitions under
Subsection (b-3) shall allow an attorney representing the state who
receives a petition involving an offense that was committed outside
the county in which the court is located to appear at any hearing
regarding the consolidated petition by telephone or video
conference call.
(c) After notice to the state and[,] an opportunity for a
hearing, [a determination by the court that the person has not
previously received an order of nondisclosure under this section,
and a determination by the court that the person committed the
offense solely as a victim of trafficking of persons and that
issuance of the order is in the best interest of justice,] the court
having jurisdiction over the petition shall issue an order
prohibiting criminal justice agencies from disclosing to the public
criminal history record information related to the offense if the
court determines that:
(1) the person committed the offense described by
Subsection (a)(1) solely as a victim of an offense under Section
20A.02, 20A.03, or 43.05, Penal Code;
(2) if applicable, the person did not commit another
offense described by Subsection (a)(1) on or after the date on which
the person's first petition for an order of nondisclosure under
this section was submitted; and
(3) issuance of the order is in the best interest of
justice [for which the defendant was placed on community
supervision as described by Subsection (a)].
(c-1) In determining whether a person committed an offense
described by Subsection (a)(1) solely as a victim of an offense
under Section 20A.02, 20A.03, or 43.05, Penal Code, the court may
consider any order of nondisclosure previously granted to the
person under this section.
(d) A person may petition the applicable court [that placed
the person on community supervision] for an order of nondisclosure
of criminal history record information under this section only on
or after the first anniversary of the date the person:
(1) completed the sentence, including any term of
confinement imposed and payment of all fines, costs, and
restitution imposed; or
(2) received a dismissal and discharge under Article
42A.111, Code of Criminal Procedure, if the person was placed on
deferred adjudication community supervision [person's conviction
is set aside as described by Subsection (a)].
SECTION 4.02. Article 56.021, Code of Criminal Procedure,
is amended by adding Subsection (e) to read as follows:
(e) A victim of an offense under Section 20A.02, 20A.03, or
43.05, Penal Code, is entitled to be informed that the victim may
petition for an order of nondisclosure of criminal history record
information under Section 411.0728, Government Code, if the victim:
(1) has been convicted of or placed on deferred
adjudication community supervision for an offense described by
Subsection (a)(1) of that section; and
(2) committed that offense solely as a victim of an
offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
SECTION 4.03. Section 126.004, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) A program established under this chapter shall provide
each program participant with information related to the right to
petition for an order of nondisclosure of criminal history record
information under Section 411.0728.
ARTICLE 5. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
PROGRAMS
SECTION 5.01. Subtitle B, Title 2, Health and Safety Code,
is amended by adding Chapter 50 to read as follows:
CHAPTER 50. SEX TRAFFICKING PREVENTION AND VICTIM TREATMENT
PROGRAMS
SUBCHAPTER A. TREATMENT PROGRAM FOR VICTIMS OF CHILD SEX
TRAFFICKING
Sec. 50.0001. DEFINITIONS. In this subchapter:
(1) "Child sex trafficking" has the meaning assigned
by Section 772.0062, Government Code.
(2) "Program" means the treatment program for victims
of child sex trafficking established under this subchapter.
Sec. 50.0002. ESTABLISHMENT; PURPOSE. The commission, in
collaboration with the institution designated under Section
50.0003, shall establish a program to improve the quality and
accessibility of care for victims of child sex trafficking in this
state.
Sec. 50.0003. DESIGNATION OF INSTITUTION; OPERATION OF
PROGRAM. (a) The commission shall designate a health-related
institution of higher education to operate the program.
(b) The designated institution shall improve the quality
and accessibility of care for victims of child sex trafficking by:
(1) dedicating a unit at the institution to provide or
contract for inpatient care for victims of child sex trafficking;
(2) dedicating a unit at the institution to provide or
contract for outpatient care for victims of child sex trafficking;
(3) creating opportunities for research and workforce
expansion related to treatment of victims of child sex trafficking;
and
(4) assisting other health-related institutions of
higher education in this state to establish similar programs.
(c) The commission shall solicit and review applications
from health-related institutions of higher education before
designating an institution under this section.
Sec. 50.0004. FUNDING. In addition to money appropriated
by the legislature, the designated institution may accept gifts,
grants, and donations from any public or private person for the
purpose of carrying out the program.
Sec. 50.0005. RULES. The executive commissioner shall
adopt rules necessary to implement this subchapter.
SUBCHAPTER B. MATCHING GRANT PROGRAM FOR MUNICIPAL SEX TRAFFICKING
PREVENTION PROGRAMS
Sec. 50.0051. ESTABLISHMENT OF MATCHING GRANT PROGRAM.
(a) The commission shall establish a matching grant program to
award to a municipality a grant in an amount equal to the amount
committed by the municipality for the development of a sex
trafficking prevention needs assessment. A municipality that is
awarded a grant must develop the needs assessment in collaboration
with a local institution of higher education and on completion
submit a copy of the needs assessment to the commission.
(b) A sex trafficking prevention needs assessment developed
under Subsection (a) must outline:
(1) the prevalence of sex trafficking crimes in the
municipality;
(2) strategies for reducing the number of sex
trafficking crimes in the municipality; and
(3) the municipality's need for additional funding for
sex trafficking prevention programs and initiatives.
Sec. 50.0052. APPLICATION. (a) A municipality may apply
to the commission in the form and manner prescribed by the
commission for a matching grant under this subchapter. To qualify
for a grant, an applicant must:
(1) develop a media campaign and appoint a municipal
employee to oversee the program; and
(2) provide proof that the applicant is able to obtain
or secure municipal money in an amount at least equal to the amount
of the awarded grant.
(b) The commission shall review applications for a matching
grant submitted under this section and award matching grants to
each municipality that demonstrates in the application the most
effective strategies for reducing the number of sex trafficking
crimes in the municipality and the greatest need for state funding.
(c) The commission may provide a grant under Subsection (b)
only in accordance with a contract between the commission and the
municipality. The contract must include provisions under which the
commission is granted sufficient control to ensure the public
purpose of sex trafficking prevention is accomplished and the state
receives the return benefit.
Sec. 50.0053. FUNDING. In addition to money appropriated
by the legislature, the commission may solicit and accept gifts,
grants, or donations from any source to administer and finance the
matching grant program established under this subchapter.
SUBCHAPTER C. SEX TRAFFICKING PREVENTION GRANT PROGRAM FOR LOCAL
LAW ENFORCEMENT
Sec. 50.0101. ESTABLISHMENT OF GRANT PROGRAM. (a) The
office of the governor, in collaboration with the Child Sex
Trafficking Prevention Unit established under Section 772.0062,
Government Code, shall establish and administer a grant program to
train local law enforcement officers to recognize signs of sex
trafficking.
(b) The office of the governor may establish eligibility
criteria for a grant applicant.
(c) A grant awarded under this section must include
provisions under which the office of the governor is provided
sufficient control to ensure the public purpose of sex trafficking
prevention is accomplished and the state receives the return
benefit.
Sec. 50.0102. FUNDING. In addition to money appropriated
by the legislature, the office of the governor may solicit and
accept gifts, grants, or donations from any source to administer
and finance the grant program established under this subchapter.
SECTION 5.02. As soon as practicable after the effective
date of this Act:
(1) the executive commissioner of the Health and Human
Services Commission shall adopt rules as necessary to implement
Subchapters A and B, Chapter 50, Health and Safety Code, as added by
this article; and
(2) the governor shall adopt rules as necessary to
implement Subchapter C, Chapter 50, Health and Safety Code, as
added by this article.
SECTION 5.03. A state agency is required to implement a
provision of this article only if the legislature appropriates
money to the agency specifically for the purpose of implementing
the applicable provision. If the legislature does not appropriate
money specifically for the purpose of implementing the applicable
provision, the agency may, but is not required to, implement the
provision using other appropriations available for that purpose.
ARTICLE 6. PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO
PERSONS INVOLVED IN HUMAN TRAFFICKING
SECTION 6.01. Subchapter A, Chapter 2155, Government Code,
is amended by adding Section 2155.0061 to read as follows:
Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS
RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING. (a) A state
agency may not accept a bid or award a contract, including a
contract for which purchasing authority is delegated to a state
agency, that includes proposed financial participation by a person
who, during the five-year period preceding the date of the bid or
award, has been convicted of any offense related to the direct
support or promotion of human trafficking.
(b) A bid or award subject to the requirements of this
section must include the following statement:
"Under Section 2155.0061, Government Code, the vendor
certifies that the individual or business entity named in this bid
or contract is not ineligible to receive the specified contract and
acknowledges that this contract may be terminated and payment
withheld if this certification is inaccurate."
(c) If a state agency determines that an individual or
business entity holding a state contract was ineligible to have the
bid accepted or contract awarded under this section, the state
agency may immediately terminate the contract without further
obligation to the vendor.
(d) This section does not create a cause of action to
contest a bid or award of a state contract.
SECTION 6.02. Section 2155.077(a-1), Government Code, is
amended to read as follows:
(a-1) The commission shall bar a vendor from participating
in state contracts that are subject to this subtitle, including
contracts for which purchasing authority is delegated to a state
agency, if the vendor has been:
(1) convicted of violating a federal law in connection
with a contract awarded by the federal government for relief,
recovery, or reconstruction efforts as a result of Hurricane Rita,
as defined by Section 39.459, Utilities Code, Hurricane Katrina, or
any other disaster occurring after September 24, 2005; [or]
(2) assessed a penalty in a federal civil or
administrative enforcement action in connection with a contract
awarded by the federal government for relief, recovery, or
reconstruction efforts as a result of Hurricane Rita, as defined by
Section 39.459, Utilities Code, Hurricane Katrina, or any other
disaster occurring after September 24, 2005; or
(3) convicted of any offense related to the direct
support or promotion of human trafficking.
SECTION 6.03. Section 2155.0061, Government Code, as added
by this article, applies only in relation to a state contract for
which the request for bids or proposals or other applicable
expressions of interest are made public on or after the effective
date of this Act.
SECTION 6.04. Section 2155.077, Government Code, as amended
by this article, applies only to a contract entered into on or after
the effective date of this Act.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 20 passed the Senate on
March 27, 2019, by the following vote: Yeas 31, Nays 0;
May 23, 2019, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 23, 2019, House
granted request of the Senate; May 26, 2019, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 20 passed the House, with
amendments, on May 22, 2019, by the following vote: Yeas 126,
Nays 10, two present not voting; May 23, 2019, House granted
request of the Senate for appointment of Conference Committee;
May 26, 2019, House adopted Conference Committee Report by the
following vote: Yeas 146, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor