Texas 2021 - 87th Regular

Texas Senate Bill SB1718 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9363 EAS/JES-D
2	2	By: Hughes S.B. No. 1718
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to provisions to enable the prevention and prosecution of
8	8	trafficking of persons and certain sexual offenses committed
9	9	against children and to the commission of civil racketeering
10	10	related to the trafficking of persons.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 140A.002, Civil Practice and Remedies
13	13	Code, is amended to read as follows:
14	14	Sec. 140A.002. CIVIL RACKETEERING. A person or enterprise
15	15	commits racketeering if, for financial gain, the person or
16	16	enterprise commits an offense under Chapter 20A, Penal Code
17	17	(trafficking of persons)[, and the offense or an element of the
18	18	offense:
19	19	[(1) occurs in more than one county in this state; or
20	20	[(2) is facilitated by the use of United States mail,
21	21	e-mail, telephone, facsimile, or a wireless communication from one
22	22	county in this state to another].
23	23	SECTION 2. Article 12.01, Code of Criminal Procedure, is
24	24	amended to read as follows:
25	25	Art. 12.01. FELONIES. Except as provided in Article 12.03,
26	26	felony indictments may be presented within these limits, and not
27	27	afterward:
28	28	(1) no limitation:
29	29	(A) murder and manslaughter;
30	30	(B) sexual assault under Section 22.011(a)(2),
31	31	Penal Code, or aggravated sexual assault under Section
32	32	22.021(a)(1)(B), Penal Code;
33	33	(C) sexual assault, if:
34	34	(i) during the investigation of the offense
35	35	biological matter is collected and the matter:
36	36	(a) has not yet been subjected to
37	37	forensic DNA testing; or
38	38	(b) has been subjected to forensic DNA
39	39	testing and the testing results show that the matter does not match
40	40	the victim or any other person whose identity is readily
41	41	ascertained; or
42	42	(ii) probable cause exists to believe that
43	43	the defendant has committed the same or a similar sex offense
44	44	against five or more victims;
45	45	(D) continuous sexual abuse of young child or
46	46	children under Section 21.02, Penal Code;
47	47	(E) indecency with a child under Section 21.11,
48	48	Penal Code;
49	49	(F) an offense involving leaving the scene of an
50	50	accident under Section 550.021, Transportation Code, if the
51	51	accident resulted in the death of a person;
52	52	(G) trafficking of persons under Section
53	53	20A.02(a)(7) or (8), Penal Code;
54	54	(H) continuous trafficking of persons under
55	55	Section 20A.03, Penal Code; or
56	56	(I) compelling prostitution under Section
57	57	43.05(a)(2), Penal Code;
58	58	(2) ten years from the date of the commission of the
59	59	offense:
60	60	(A) theft of any estate, real, personal or mixed,
61	61	by an executor, administrator, guardian or trustee, with intent to
62	62	defraud any creditor, heir, legatee, ward, distributee,
63	63	beneficiary or settlor of a trust interested in such estate;
64	64	(B) theft by a public servant of government
65	65	property over which the public servant exercises control in the
66	66	public servant's official capacity;
67	67	(C) forgery or the uttering, using or passing of
68	68	forged instruments;
69	69	(D) injury to an elderly or disabled individual
70	70	punishable as a felony of the first degree under Section 22.04,
71	71	Penal Code;
72	72	(E) sexual assault, except as provided by
73	73	Subdivision (1) or (8) [(7)];
74	74	(F) arson;
75	75	(G) trafficking of persons under Section
76	76	20A.02(a)(1), (2), (3), or (4), Penal Code; or
77	77	(H) compelling prostitution under Section
78	78	43.05(a)(1), Penal Code;
79	79	(3) seven years from the date of the commission of the
80	80	offense:
81	81	(A) misapplication of fiduciary property or
82	82	property of a financial institution;
83	83	(B) securing execution of document by deception;
84	84	(C) a felony violation under Chapter 162, Tax
85	85	Code;
86	86	(D) false statement to obtain property or credit
87	87	under Section 32.32, Penal Code;
88	88	(E) money laundering;
89	89	(F) credit card or debit card abuse under Section
90	90	32.31, Penal Code;
91	91	(G) fraudulent use or possession of identifying
92	92	information under Section 32.51, Penal Code;
93	93	(H) exploitation of a child, elderly individual,
94	94	or disabled individual under Section 32.53, Penal Code;
95	95	(I) health care fraud under Section 35A.02, Penal
96	96	Code; or
97	97	(J) bigamy under Section 25.01, Penal Code,
98	98	except as provided by Subdivision (7) [(6)];
99	99	(4) five years from the date of the commission of the
100	100	offense:
101	101	(A) theft or robbery;
102	102	(B) except as provided by Subdivision (5),
103	103	kidnapping or burglary;
104	104	(C) injury to an elderly or disabled individual
105	105	that is not punishable as a felony of the first degree under Section
106	106	22.04, Penal Code;
107	107	(D) abandoning or endangering a child; or
108	108	(E) insurance fraud;
109	109	(5) if the investigation of the offense shows that the
110	110	victim is younger than 17 years of age at the time the offense is
111	111	committed, 20 years from the 18th birthday of the victim of one of
112	112	the following offenses:
113	113	(A) [sexual performance by a child under Section
114	114	43.25, Penal Code;
115	115	[(B)] aggravated kidnapping under Section
116	116	20.04(a)(4), Penal Code, if the defendant committed the offense
117	117	with the intent to violate or abuse the victim sexually; or
118	118	(B) [(C)] burglary under Section 30.02, Penal
119	119	Code, if the offense is punishable under Subsection (d) of that
120	120	section and the defendant committed the offense with the intent to
121	121	commit an offense described by Subdivision (1)(B) or (D) of this
122	122	article or Paragraph (A) [(B)] of this subdivision;
123	123	(6) 20 years from the 18th birthday of the victim of
124	124	one of the following offenses:
125	125	(A) trafficking of persons under Section
126	126	20A.02(a)(5) or (6), Penal Code; or
127	127	(B) sexual performance by a child under Section
128	128	43.25, Penal Code;
129	129	(7) ten years from the 18th birthday of the victim of
130	130	the offense:
131	131	(A) [trafficking of persons under Section
132	132	20A.02(a)(5) or (6), Penal Code;
133	133	[(B)] injury to a child under Section 22.04,
134	134	Penal Code; or
135	135	(B) [(C)] bigamy under Section 25.01, Penal
136	136	Code, if the investigation of the offense shows that the person,
137	137	other than the legal spouse of the defendant, whom the defendant
138	138	marries or purports to marry or with whom the defendant lives under
139	139	the appearance of being married is younger than 18 years of age at
140	140	the time the offense is committed;
141	141	(8) [(7)] two years from the date the offense was
142	142	discovered: sexual assault punishable as a state jail felony under
143	143	Section 22.011(f)(2), Penal Code; or
144	144	(9) [(8)] three years from the date of the commission
145	145	of the offense: all other felonies.
146	146	SECTION 3. Section 2(a), Article 38.37, Code of Criminal
147	147	Procedure, is amended to read as follows:
148	148	(a) Subsection (b) applies only to the trial of a defendant
149	149	for:
150	150	(1) an offense under any of the following provisions
151	151	of the Penal Code:
152	152	(A) Section 20A.02, if punishable as a felony of
153	153	the first degree under Section 20A.02(b-1)(1) [20A.02(b)(1)]
154	154	([Sex] Trafficking of a Child);
155	155	(B) Section 21.02 (Continuous Sexual Abuse of
156	156	Young Child or Children);
157	157	(C) Section 21.11 (Indecency With a Child);
158	158	(D) Section 22.011(a)(2) (Sexual Assault of a
159	159	Child);
160	160	(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
161	161	Sexual Assault of a Child);
162	162	(F) Section 33.021 (Online Solicitation of a
163	163	Minor);
164	164	(G) Section 43.25 (Sexual Performance by a
165	165	Child); or
166	166	(H) Section 43.26 (Possession or Promotion of
167	167	Child Pornography), Penal Code; or
168	168	(2) an attempt or conspiracy to commit an offense
169	169	described by Subdivision (1).
170	170	SECTION 4. Section 20A.01, Penal Code, is amended by adding
171	171	Subdivision (1-a) to read as follows:
172	172	(1-a) "Coercion" as defined by Section 1.07 includes:
173	173	(A) destroying, concealing, confiscating, or
174	174	withholding from a trafficked person, or threatening to destroy,
175	175	conceal, confiscate, or withhold from a trafficked person, the
176	176	person's actual or purported:
177	177	(i) government records; or
178	178	(ii) identifying information or documents;
179	179	(B) causing a trafficked person, without the
180	180	person's consent, to become intoxicated, as defined by Section
181	181	49.01, to a degree that impairs the person's ability to appraise the
182	182	nature of or resist engaging in any conduct, including performing
183	183	or providing labor or services; or
184	184	(C) withholding alcohol or a controlled
185	185	substance to a degree that impairs the ability of a trafficked
186	186	person with a chemical dependency, as defined by Section 462.001,
187	187	Health and Safety Code, to appraise the nature of or resist engaging
188	188	in any conduct, including performing or providing labor or
189	189	services.
190	190	SECTION 5. Section 20A.02, Penal Code, is amended by
191	191	amending Subsections (a) and (b) and adding Subsection (b-1) to
192	192	read as follows:
193	193	(a) A person commits an offense if the person [knowingly]:
194	194	(1) knowingly traffics another person with the intent
195	195	that the trafficked person engage in forced labor or services;
196	196	(2) knowingly receives a benefit from participating in
197	197	a venture that involves an activity described by Subdivision (1),
198	198	including by receiving labor or services the person knows are
199	199	forced labor or services;
200	200	(3) knowingly traffics another person and, through
201	201	force, fraud, or coercion, causes the trafficked person to engage
202	202	in conduct prohibited by:
203	203	(A) Section 43.02 (Prostitution);
204	204	(B) Section 43.03 (Promotion of Prostitution);
205	205	(B-1) Section 43.031 (Online Promotion of
206	206	Prostitution);
207	207	(C) Section 43.04 (Aggravated Promotion of
208	208	Prostitution);
209	209	(C-1) Section 43.041 (Aggravated Online
210	210	Promotion of Prostitution); or
211	211	(D) Section 43.05 (Compelling Prostitution);
212	212	(4) either:
213	213	(A) in the course of engaging in conduct that
214	214	constitutes an offense under Section 43.02(b), engages in sexual
215	215	conduct with a person trafficked in the manner described by
216	216	Subdivision (3), regardless of whether the actor knows that the
217	217	person has been trafficked in the manner described by that
218	218	subdivision; or
219	219	(B) knowingly receives a benefit from
220	220	participating in a venture that involves an activity described by
221	221	Subdivision (3) [or engages in sexual conduct with a person
222	222	trafficked in the manner described in Subdivision (3)];
223	223	(5) knowingly traffics a child with the intent that
224	224	the trafficked child engage in forced labor or services;
225	225	(6) knowingly receives a benefit from participating in
226	226	a venture that involves an activity described by Subdivision (5),
227	227	including by receiving labor or services the person knows are
228	228	forced labor or services;
229	229	(7) knowingly traffics a child and by any means causes
230	230	the trafficked child to engage in, or become the victim of, conduct
231	231	prohibited by:
232	232	(A) Section 21.02 (Continuous Sexual Abuse of
233	233	Young Child or Children);
234	234	(B) Section 21.11 (Indecency with a Child);
235	235	(C) Section 22.011 (Sexual Assault);
236	236	(D) Section 22.021 (Aggravated Sexual Assault);
237	237	(E) Section 43.02 (Prostitution);
238	238	(F) Section 43.03 (Promotion of Prostitution);
239	239	(F-1) Section 43.031 (Online Promotion of
240	240	Prostitution);
241	241	(G) Section 43.04 (Aggravated Promotion of
242	242	Prostitution);
243	243	(G-1) Section 43.041 (Aggravated Online
244	244	Promotion of Prostitution);
245	245	(H) Section 43.05 (Compelling Prostitution);
246	246	(I) Section 43.25 (Sexual Performance by a
247	247	Child);
248	248	(J) Section 43.251 (Employment Harmful to
249	249	Children); or
250	250	(K) Section 43.26 (Possession or Promotion of
251	251	Child Pornography); or
252	252	(8) either:
253	253	(A) in the course of engaging in conduct that
254	254	constitutes an offense under Section 43.02(b), engages in sexual
255	255	conduct with a child trafficked in the manner described by
256	256	Subdivision (7), regardless of whether the actor knows that the
257	257	child has been trafficked in the manner described by that
258	258	subdivision; or
259	259	(B) knowingly receives a benefit from
260	260	participating in a venture that involves an activity described by
261	261	Subdivision (7) [or engages in sexual conduct with a child
262	262	trafficked in the manner described in Subdivision (7)].
263	263	(b) Except as otherwise provided by Subsection (b-1) [this
264	264	subsection], an offense under this section is a felony of the second
265	265	degree and an offense under Subsection (a)(4)(A) is a state jail
266	266	felony.
267	267	(b-1) An offense under this section is a felony of the first
268	268	degree if:
269	269	(1) the applicable conduct constitutes an offense
270	270	under Subsection (a)(5), (6), (7), or (8), regardless of whether
271	271	the actor knows the age of the child at the time of the offense;
272	272	(2) the commission of the offense results in the death
273	273	of the person who is trafficked; or
274	274	(3) the commission of the offense results in the death
275	275	of an unborn child of the person who is trafficked.
276	276	SECTION 6. STUDY REGARDING REGULATION OF UNMANNED TELLER
277	277	MACHINES FOR PREVENTION OF HUMAN TRAFFICKING. (a) In this section:
278	278	(1) "Department" means the Texas Department of
279	279	Banking.
280	280	(2) "Unmanned teller machine" has the meaning assigned
281	281	by Section 59.301, Finance Code.
282	282	(b) The department shall conduct a study to assess the
283	283	efficacy and feasibility of regulating unmanned teller machines for
284	284	the purpose of preventing human trafficking.
285	285	(c) In conducting the study, the department shall consider:
286	286	(1) regulation of unmanned teller machines
287	287	implemented in other states;
288	288	(2) the resources necessary to effectively regulate
289	289	unmanned teller machines; and
290	290	(3) the efficacy, for the purpose of preventing human
291	291	trafficking, of regulating unmanned teller machines in specific
292	292	locations, including in:
293	293	(A) sexually oriented businesses, as that term is
294	294	defined by Section 243.002, Local Government Code;
295	295	(B) massage parlors, as that term is defined by
296	296	Section 234.101, Local Government Code; and
297	297	(C) establishments, including bars, open to the
298	298	public that primarily sell and serve alcoholic beverages for
299	299	on-premises consumption.
300	300	(d) Not later than December 1, 2022, the department shall
301	301	submit a report to each member of the legislature that includes the
302	302	results of the study conducted under Subsection (b) of this section
303	303	and any recommendations of the department related to the study and
304	304	statutory changes necessary to regulate unmanned teller machines
305	305	for the purpose of preventing human trafficking.
306	306	(e) This section expires September 1, 2023.
307	307	SECTION 7. Section 20A.02(a-1), Penal Code, is repealed.
308	308	SECTION 8. The change in law made by this Act to Section
309	309	140A.002, Civil Practice and Remedies Code, applies only to a cause
310	310	of action that accrues on or after the effective date of this Act. A
311	311	cause of action that accrued before the effective date of this Act
312	312	is governed by the law applicable to the cause of action immediately
313	313	before the effective date of this Act, and that law is continued in
314	314	effect for that purpose.
315	315	SECTION 9. Article 12.01, Code of Criminal Procedure, as
316	316	amended by this Act, does not apply to an offense if the prosecution
317	317	of that offense becomes barred by limitation before the effective
318	318	date of this Act. The prosecution of that offense remains barred as
319	319	if this Act had not taken effect.
320	320	SECTION 10. The changes in law made by this Act to Article
321	321	38.37, Code of Criminal Procedure, and Sections 20A.01 and 20A.02,
322	322	Penal Code, apply only to an offense committed on or after the
323	323	effective date of this Act. An offense committed before the
324	324	effective date of this Act is governed by the law in effect on the
325	325	date the offense was committed, and the former law is continued in
326	326	effect for that purpose. For purposes of this section, an offense
327	327	was committed before the effective date of this Act if any element
328	328	of the offense occurred before that date.
329	329	SECTION 11. This Act takes effect September 1, 2021.