Texas 2021 - 87th Regular

Texas House Bill HB462 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R18326 LHC-D
2		-	By: Shaheen, A. Johnson of Harris, Reynolds, H.B. No. 462
3		-	Goldman, Button, et al.
4		-	Substitute the following for H.B. No. 462:
5		-	By: Bell of Kaufman C.S.H.B. No. 462
	1	+	87R177 LHC-D
	2	+	By: Shaheen H.B. No. 462
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10		-	relating to the prosecution of the offenses of trafficking of
11		-	persons and compelling prostitution and to certain consequences of
12		-	compelling prostitution.
	7	+	relating to the prosecution of the offense of trafficking of
	8	+	persons.
13	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14		-	SECTION 1. Section 20A.01, Penal Code, is amended by adding
15		-	Subdivision (2-a) to read as follows:
16		-	(2-a) "Person with a disability" means a person who,
17		-	as a result of mental disease or defect, is incapable of appraising
18		-	the nature of prohibited conduct or to resist engaging in that
19		-	conduct.
20		-	SECTION 2. Section 20A.02(a), Penal Code, is amended to
	10	+	SECTION 1. Section 20A.02, Penal Code, is amended by
	11	+	amending Subsections (a) and (b) and adding Subsection (b-1) to
21	12		read as follows:
22		-	(a) A person commits an offense if the person knowingly:
23		-	(1) traffics another person with the intent ~~that the~~
24		-	trafficked person engage in forced labor or services;
25		-	(2) receives a benefit from participating in ~~a venture~~
26		-	that involves an activity described by Subdivision (1), ~~including~~
27		-	by receiving labor or services the person knows are ~~forced labor or~~
28		-	services;
29		-	(3) traffics:
30		-	~~(A) another person and, through~~ force, fraud, or
31		-	~~coercion, causes the trafficked person to engage~~ in conduct
32		-	~~prohibited by:~~
33		-	(i) ~~[(A)]~~ Section 43.02 (Prostitution);
34		-	(ii) ~~[(B)]~~ Section 43.03 (Promotion of
	13	+	(a) A person commits an offense if the person [knowingly]:
	14	+	(1) knowingly traffics another person with the intent
	15	+	that the trafficked person engage in forced labor or services;
	16	+	(2) knowingly receives a benefit from participating in
	17	+	a venture that involves an activity described by Subdivision (1),
	18	+	including by receiving labor or services the person knows are
	19	+	forced labor or services;
	20	+	(3) knowingly traffics another person and, through
	21	+	force, fraud, or coercion, causes the trafficked person to engage
	22	+	in conduct prohibited by:
	23	+	(A) Section 43.02 (Prostitution);
	24	+	(B) Section 43.03 (Promotion of Prostitution);
	25	+	(B-1) Section 43.031 (Online Promotion of
35	26		Prostitution);
36		-	(iii) [(B-1)] Section 43.031 (Online
37		-	Promotion of Prostitution);
38		-	(iv) [(C)] Section 43.04 (Aggravated
39		-	Promotion of Prostitution);
40		-	(v) [(C-1)] Section 43.041 (Aggravated
41		-	Online Promotion of Prostitution); or
42		-	(vi) [(D)] Section 43.05 (Compelling
43		-	Prostitution); or
44		-	(B) a person with a disability and by any means
45		-	causes the trafficked person to engage in conduct prohibited by an
46		-	offense listed under Paragraph (A);
47		-	(4) receives a benefit from participating in a venture
48		-	that involves an activity described by Subdivision (3) or engages
49		-	in sexual conduct with a person trafficked in the manner described
50		-	in Subdivision (3), regardless of whether the actor knows that the
	27	+	(C) Section 43.04 (Aggravated Promotion of
	28	+	Prostitution);
	29	+	(C-1) Section 43.041 (Aggravated Online
	30	+	Promotion of Prostitution); or
	31	+	(D) Section 43.05 (Compelling Prostitution);
	32	+	(4) either:
	33	+	(A) in the course of engaging in conduct that
	34	+	constitutes an offense under Section 43.02(b), engages in sexual
	35	+	conduct with a person trafficked in the manner described by
	36	+	Subdivision (3), regardless of whether the actor knows that the
51	37		person has been trafficked in the manner described by that
52		-	subdivision;
53		-	(5) traffics a child with the intent that the
54		-	trafficked child engage in forced labor or services;
55		-	(6) receives a benefit from participating in a venture
56		-	that involves an activity described by Subdivision (5), including
57		-	by receiving labor or services the person knows are forced labor or
58		-	services;
59		-	(7) traffics a child and by any means causes the
60		-	trafficked child to engage in, or become the victim of, conduct
	38	+	subdivision; or
	39	+	(B) knowingly receives a benefit from
	40	+	participating in a venture that involves an activity described by
	41	+	Subdivision (3) [or engages in sexual conduct with a person
	42	+	trafficked in the manner described in Subdivision (3)];
	43	+	(5) knowingly traffics a child with the intent that
	44	+	the trafficked child engage in forced labor or services;
	45	+	(6) knowingly receives a benefit from participating in
	46	+	a venture that involves an activity described by Subdivision (5),
	47	+	including by receiving labor or services the person knows are
	48	+	forced labor or services;
	49	+	(7) knowingly traffics a child and by any means causes
	50	+	the trafficked child to engage in, or become the victim of, conduct
61	51		prohibited by:
62	52		(A) Section 21.02 (Continuous Sexual Abuse of
63	53		Young Child or Children);
64	54		(B) Section 21.11 (Indecency with a Child);
65	55		(C) Section 22.011 (Sexual Assault);
66	56		(D) Section 22.021 (Aggravated Sexual Assault);
67	57		(E) Section 43.02 (Prostitution);
68	58		(F) Section 43.03 (Promotion of Prostitution);
69	59		(F-1) Section 43.031 (Online Promotion of
70	60		Prostitution);
71	61		(G) Section 43.04 (Aggravated Promotion of
72	62		Prostitution);
73	63		(G-1) Section 43.041 (Aggravated Online
74	64		Promotion of Prostitution);
75	65		(H) Section 43.05 (Compelling Prostitution);
76	66		(I) Section 43.25 (Sexual Performance by a
77	67		Child);
78	68		(J) Section 43.251 (Employment Harmful to
79	69		Children); or
80	70		(K) Section 43.26 (Possession or Promotion of
81	71		Child Pornography); or
82		-	(8) receives a benefit from participating in a venture
83		-	that involves an activity described by Subdivision (7) or engages
84		-	in sexual conduct with a child trafficked in the manner described in
	72	+	(8) either:
	73	+	(A) in the course of engaging in conduct that
	74	+	constitutes an offense under Section 43.02(b), engages in sexual
	75	+	conduct with a child trafficked in the manner described by
85	76		Subdivision (7), regardless of whether the actor knows that the
86	77		child has been trafficked in the manner described by that
87		-	subdivision.
88		-	SECTION 3. Section 43.05(a), Penal Code, is amended to read
89		-	as follows:
90		-	(a) A person commits an offense if the person knowingly:
91		-	(1) causes another by force, threat, coercion, or
92		-	fraud to commit prostitution; [or]
93		-	(2) causes by any means a child younger than 18 years
94		-	to commit prostitution, regardless of whether the actor knows the
95		-	age of the child at the time of the offense; or
96		-	(3) causes by any means a person with a disability, as
97		-	defined by Section 20A.01, to commit prostitution.
98		-	SECTION 4. Section 16.0045(a), Civil Practice and Remedies
99		-	Code, is amended to read as follows:
100		-	(a) A person must bring suit for personal injury not later
101		-	than 30 years after the day the cause of action accrues if the
102		-	injury arises as a result of conduct that violates:
103		-	(1) Section 22.011(a)(2), Penal Code (sexual assault
104		-	of a child);
105		-	(2) Section 22.021(a)(1)(B), Penal Code (aggravated
	78	+	subdivision; or
	79	+	(B) knowingly receives a benefit from
	80	+	participating in a venture that involves an activity described by
	81	+	Subdivision (7) [or engages in sexual conduct with a child
	82	+	trafficked in the manner described in Subdivision (7)].
	83	+	(b) Except as otherwise provided by Subsection (b-1) [this
	84	+	subsection], an offense under this section is a felony of the second
	85	+	degree and an offense under Subsection (a)(4)(A) is a state jail
	86	+	felony.
	87	+	(b-1) An offense under this section is a felony of the first
	88	+	degree if:
	89	+	(1) the applicable conduct constitutes an offense
	90	+	under Subsection (a)(5), (6), (7), or (8), regardless of whether
	91	+	the actor knows the age of the child at the time of the offense;
	92	+	(2) the commission of the offense results in the death
	93	+	of the person who is trafficked; or
	94	+	(3) the commission of the offense results in the death
	95	+	of an unborn child of the person who is trafficked.
	96	+	SECTION 2. Section 2(a), Article 38.37, Code of Criminal
	97	+	Procedure, is amended to read as follows:
	98	+	(a) Subsection (b) applies only to the trial of a defendant
	99	+	for:
	100	+	(1) an offense under any of the following provisions
	101	+	of the Penal Code:
	102	+	(A) Section 20A.02, if punishable as a felony of
	103	+	the first degree under Section 20A.02(b-1)(1) [20A.02(b)(1)]
	104	+	([Sex] Trafficking of a Child);
	105	+	(B) Section 21.02 (Continuous Sexual Abuse of
	106	+	Young Child or Children);
	107	+	(C) Section 21.11 (Indecency With a Child);
	108	+	(D) Section 22.011(a)(2) (Sexual Assault of a
	109	+	Child);
	110	+	(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
106	111		Sexual Assault of a Child);
107		-	(3) Section 21.02, Penal Code (continuous sexual abuse
108		-	of young child or children);
109		-	(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
110		-	Section 20A.02(a)(8), Penal Code, involving an activity described
111		-	by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
112		-	with a child trafficked in the manner described by Section
113		-	20A.02(a)(7), Penal Code (certain sexual trafficking of a child);
114		-	(5) Section 43.05(a)(2) or (3), Penal Code (compelling
115		-	prostitution by a child or a person with a disability); or
116		-	(6) Section 21.11, Penal Code (indecency with a
117		-	child).
118		-	SECTION 5. Article 12.01, Code of Criminal Procedure, is
119		-	amended to read as follows:
120		-	Art. 12.01. FELONIES. Except as provided in Article 12.03,
121		-	felony indictments may be presented within these limits, and not
122		-	afterward:
123		-	(1) no limitation:
124		-	(A) murder and manslaughter;
125		-	(B) sexual assault under Section 22.011(a)(2),
126		-	Penal Code, or aggravated sexual assault under Section
127		-	22.021(a)(1)(B), Penal Code;
128		-	(C) sexual assault, if:
129		-	(i) during the investigation of the offense
130		-	biological matter is collected and the matter:
131		-	(a) has not yet been subjected to
132		-	forensic DNA testing; or
133		-	(b) has been subjected to forensic DNA
134		-	testing and the testing results show that the matter does not match
135		-	the victim or any other person whose identity is readily
136		-	ascertained; or
137		-	(ii) probable cause exists to believe that
138		-	the defendant has committed the same or a similar sex offense
139		-	against five or more victims;
140		-	(D) continuous sexual abuse of young child or
141		-	children under Section 21.02, Penal Code;
142		-	(E) indecency with a child under Section 21.11,
143		-	Penal Code;
144		-	(F) an offense involving leaving the scene of an
145		-	accident under Section 550.021, Transportation Code, if the
146		-	accident resulted in the death of a person;
147		-	(G) trafficking of persons under Section
148		-	20A.02(a)(7) or (8), Penal Code;
149		-	(H) continuous trafficking of persons under
150		-	Section 20A.03, Penal Code; or
151		-	(I) compelling prostitution under Section
152		-	43.05(a)(2) or (3), Penal Code;
153		-	(2) ten years from the date of the commission of the
154		-	offense:
155		-	(A) theft of any estate, real, personal or mixed,
156		-	by an executor, administrator, guardian or trustee, with intent to
157		-	defraud any creditor, heir, legatee, ward, distributee,
158		-	beneficiary or settlor of a trust interested in such estate;
159		-	(B) theft by a public servant of government
160		-	property over which the public servant exercises control in the
161		-	public servant's official capacity;
162		-	(C) forgery or the uttering, using or passing of
163		-	forged instruments;
164		-	(D) injury to an elderly or disabled individual
165		-	punishable as a felony of the first degree under Section 22.04,
166		-	Penal Code;
167		-	(E) sexual assault, except as provided by
168		-	Subdivision (1) or (7);
169		-	(F) arson;
170		-	(G) trafficking of persons under Section
171		-	20A.02(a)(1), (2), (3), or (4), Penal Code; or
172		-	(H) compelling prostitution under Section
173		-	43.05(a)(1), Penal Code;
174		-	(3) seven years from the date of the commission of the
175		-	offense:
176		-	(A) misapplication of fiduciary property or
177		-	property of a financial institution;
178		-	(B) securing execution of document by deception;
179		-	(C) a felony violation under Chapter 162, Tax
180		-	Code;
181		-	(D) false statement to obtain property or credit
182		-	under Section 32.32, Penal Code;
183		-	(E) money laundering;
184		-	(F) credit card or debit card abuse under Section
185		-	32.31, Penal Code;
186		-	(G) fraudulent use or possession of identifying
187		-	information under Section 32.51, Penal Code;
188		-	(H) exploitation of a child, elderly individual,
189		-	or disabled individual under Section 32.53, Penal Code;
190		-	(I) health care fraud under Section 35A.02, Penal
191		-	Code; or
192		-	(J) bigamy under Section 25.01, Penal Code,
193		-	except as provided by Subdivision (6);
194		-	(4) five years from the date of the commission of the
195		-	offense:
196		-	(A) theft or robbery;
197		-	(B) except as provided by Subdivision (5),
198		-	kidnapping or burglary;
199		-	(C) injury to an elderly or disabled individual
200		-	that is not punishable as a felony of the first degree under Section
201		-	22.04, Penal Code;
202		-	(D) abandoning or endangering a child; or
203		-	(E) insurance fraud;
204		-	(5) if the investigation of the offense shows that the
205		-	victim is younger than 17 years of age at the time the offense is
206		-	committed, 20 years from the 18th birthday of the victim of one of
207		-	the following offenses:
208		-	(A) sexual performance by a child under Section
209		-	43.25, Penal Code;
210		-	(B) aggravated kidnapping under Section
211		-	20.04(a)(4), Penal Code, if the defendant committed the offense
212		-	with the intent to violate or abuse the victim sexually; or
213		-	(C) burglary under Section 30.02, Penal Code, if
214		-	the offense is punishable under Subsection (d) of that section and
215		-	the defendant committed the offense with the intent to commit an
216		-	offense described by Subdivision (1)(B) or (D) of this article or
217		-	Paragraph (B) of this subdivision;
218		-	(6) ten years from the 18th birthday of the victim of
219		-	the offense:
220		-	(A) trafficking of persons under Section
221		-	20A.02(a)(5) or (6), Penal Code;
222		-	(B) injury to a child under Section 22.04, Penal
223		-	Code; or
224		-	(C) bigamy under Section 25.01, Penal Code, if
225		-	the investigation of the offense shows that the person, other than
226		-	the legal spouse of the defendant, whom the defendant marries or
227		-	purports to marry or with whom the defendant lives under the
228		-	appearance of being married is younger than 18 years of age at the
229		-	time the offense is committed;
230		-	(7) two years from the date the offense was
231		-	discovered: sexual assault punishable as a state jail felony under
232		-	Section 22.011(f)(2), Penal Code; or
233		-	(8) three years from the date of the commission of the
234		-	offense: all other felonies.
235		-	SECTION 6. Article 62.101(a), Code of Criminal Procedure,
236		-	is amended to read as follows:
237		-	(a) Except as provided by Subsection (b) and Subchapter I,
238		-	the duty to register for a person ends when the person dies if the
239		-	person has a reportable conviction or adjudication, other than an
240		-	adjudication of delinquent conduct, for:
241		-	(1) a sexually violent offense;
242		-	(2) an offense under Section 20A.02(a)(3), (4), (7),
243		-	or (8), 25.02, 43.05(a)(2) or (3), or 43.26, Penal Code;
244		-	(3) an offense under Section 20A.03, Penal Code, if
245		-	based partly or wholly on conduct that constitutes an offense under
246		-	Section 20A.02(a)(3), (4), (7), or (8) of that code;
247		-	(4) an offense under Section 21.11(a)(2), Penal Code,
248		-	if before or after the person is convicted or adjudicated for the
249		-	offense under Section 21.11(a)(2), Penal Code, the person receives
250		-	or has received another reportable conviction or adjudication,
251		-	other than an adjudication of delinquent conduct, for an offense or
252		-	conduct that requires registration under this chapter;
253		-	(5) an offense under Section 20.02, 20.03, or 20.04,
254		-	Penal Code, if:
255		-	(A) the judgment in the case contains an
256		-	affirmative finding under Article 42.015 or, for a deferred
257		-	adjudication, the papers in the case contain an affirmative finding
258		-	that the victim or intended victim was younger than 17 years of age;
259		-	and
260		-	(B) before or after the person is convicted or
261		-	adjudicated for the offense under Section 20.02, 20.03, or 20.04,
262		-	Penal Code, the person receives or has received another reportable
263		-	conviction or adjudication, other than an adjudication of
264		-	delinquent conduct, for an offense or conduct that requires
265		-	registration under this chapter; or
266		-	(6) an offense under Section 43.23, Penal Code, that
267		-	is punishable under Subsection (h) of that section.
268		-	SECTION 7. The change in law made by this Act applies only
269		-	to an offense committed on or after the effective date of this Act.
270		-	An offense committed before the effective date of this Act is
271		-	governed by the law in effect on the date the offense was committed,
272		-	and the former law is continued in effect for that purpose. For
273		-	purposes of this section, an offense was committed before the
274		-	effective date of this Act if any element of the offense occurred
275		-	before that date.
276		-	SECTION 8. This Act takes effect September 1, 2021.
	112	+	(F) Section 33.021 (Online Solicitation of a
	113	+	Minor);
	114	+	(G) Section 43.25 (Sexual Performance by a
	115	+	Child); or
	116	+	(H) Section 43.26 (Possession or Promotion of
	117	+	Child Pornography), Penal Code; or
	118	+	(2) an attempt or conspiracy to commit an offense
	119	+	described by Subdivision (1).
	120	+	SECTION 3. The changes in law made by this Act apply only to
	121	+	an offense committed on or after the effective date of this Act. An
	122	+	offense committed before the effective date of this Act is governed
	123	+	by the law in effect on the date the offense was committed, and the
	124	+	former law is continued in effect for that purpose. For purposes of
	125	+	this section, an offense was committed before the effective date of
	126	+	this Act if any element of the offense occurred before that date.
	127	+	SECTION 4. This Act takes effect September 1, 2021.