Texas House Bill HB1004

Texas 2023 - 88th Regular

• Filed: 12/13/22
• Out of House Committee: 4/27/23
• Voted on by House: 5/3/23

Caption

Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of those offenses.

Impact

If enacted, HB1004 would significantly tighten the legal measures against trafficking, especially concerning disabled individuals and minors. It increases penalties for perpetrators and aligns the legal definitions to ensure that law enforcement can effectively prosecute those who exploit individuals into forced labor or prostitution. This shift strengthens the protections afforded to those at risk and sends a clear message about the state's zero-tolerance policy towards human trafficking and related crimes.

Summary

House Bill 1004, introduced by Representative Shaheen, focuses on enhancing the prosecution of offenses related to trafficking of persons and compelling prostitution, with particular attention to protecting disabled individuals from becoming victims of such crimes. The bill amends several sections of the Penal Code to strengthen penalties for those who engage in trafficking or compelling persons to commit prostitution, while also clarifying the definition of a 'disabled individual' under the law. By doing so, it aims to create a more robust legal framework in addressing these egregious offenses that affect vulnerable populations.

Sentiment

The general sentiment around HB1004 appears largely positive, particularly among advocates for disabled individuals and law enforcement supporters who emphasize the need for better protections in the realm of human trafficking. Supporters argue that the bill addresses critical gaps in current laws and offers essential support for vulnerable groups. However, as with many legislative measures, there may also be concerns around the implementation and potential overreach of increased punitive measures, which could warrant further discussions among stakeholders.

Contention

While there is a strong consensus on the need to protect disabled individuals from trafficking, debates continue surrounding the balance between punitive measures and rehabilitative approaches to handling offenders. Some community members worry that increased penalties could overshadow necessary preventative and supportive measures, highlighting the importance of not only punishing offenders but also addressing the root causes of trafficking. Moreover, the efficacy of the bill in actually reducing instances of trafficking versus merely increasing penalties remains a topic for ongoing evaluation.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 43. Public Indecency
  • Section: 05
  • Section: 05
  • Section: 05

• Chapter 16. Criminal Instruments, Interception Of Wire Or Oral Communication, And Installation Of Tracking Device
  • Section: New Section

Code Of Criminal Procedure

• Chapter 12. Limitation
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 38. Evidence In Criminal Actions
  • Section: 37

Government Code

• Chapter 772. Governmental Planning
  • Section: 0062
  • Section: 0062

Civil Practice And Remedies Code

• Chapter 16. Limitations
  • Section: 0045
  • Section: 0045