Texas 2023 - 88th Regular

Texas House Bill HB1004 Compare Versions

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1	1	By: Shaheen, Bhojani, Noble, Garcia H.B. No. 1004
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prosecution of the offenses of trafficking of
7	7	persons and compelling prostitution and to certain consequences of
8	8	those offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 20A.01, Penal Code, is amended by adding
11	11	Subdivision (1-b) to read as follows:
12	12	(1-b) "Disabled individual" has the meaning assigned
13	13	by Section 22.021(b).
14	14	SECTION 2. Sections 20A.02(a) and (b), Penal Code, are
15	15	amended to read as follows:
16	16	(a) A person commits an offense if the person knowingly:
17	17	(1) traffics another person with the intent that the
18	18	trafficked person engage in forced labor or services;
19	19	(2) receives a benefit from participating in a venture
20	20	that involves an activity described by Subdivision (1), including
21	21	by receiving labor or services the person knows are forced labor or
22	22	services;
23	23	(3) traffics another person and, through force, fraud,
24	24	or coercion, causes the trafficked person to engage in conduct
25	25	prohibited by:
26	26	(A) Section 43.02 (Prostitution);
27	27	(B) Section 43.03 (Promotion of Prostitution);
28	28	(B-1) Section 43.031 (Online Promotion of
29	29	Prostitution);
30	30	(C) Section 43.04 (Aggravated Promotion of
31	31	Prostitution);
32	32	(C-1) Section 43.041 (Aggravated Online
33	33	Promotion of Prostitution); or
34	34	(D) Section 43.05 (Compelling Prostitution);
35	35	(4) receives a benefit from participating in a venture
36	36	that involves an activity described by Subdivision (3) or engages
37	37	in sexual conduct with a person trafficked in the manner described
38	38	in Subdivision (3);
39	39	(5) traffics a child or disabled individual with the
40	40	intent that the trafficked child or person engage in forced labor or
41	41	services;
42	42	(6) receives a benefit from participating in a venture
43	43	that involves an activity described by Subdivision (5), including
44	44	by receiving labor or services the person knows are forced labor or
45	45	services;
46	46	(7) traffics a child or disabled individual and by any
47	47	means causes the trafficked child or person to engage in, or become
48	48	the victim of, conduct prohibited by:
49	49	(A) Section 21.02 (Continuous Sexual Abuse of
50	50	Young Child or Disabled Individual);
51	51	(B) Section 21.11 (Indecency with a Child);
52	52	(C) Section 22.011 (Sexual Assault);
53	53	(D) Section 22.021 (Aggravated Sexual Assault);
54	54	(E) Section 43.02 (Prostitution);
55	55	(E-1) Section 43.021 (Solicitation of
56	56	Prostitution);
57	57	(F) Section 43.03 (Promotion of Prostitution);
58	58	(F-1) Section 43.031 (Online Promotion of
59	59	Prostitution);
60	60	(G) Section 43.04 (Aggravated Promotion of
61	61	Prostitution);
62	62	(G-1) Section 43.041 (Aggravated Online
63	63	Promotion of Prostitution);
64	64	(H) Section 43.05 (Compelling Prostitution);
65	65	(I) Section 43.25 (Sexual Performance by a
66	66	Child);
67	67	(J) Section 43.251 (Employment Harmful to
68	68	Children); or
69	69	(K) Section 43.26 (Possession or Promotion of
70	70	Child Pornography); or
71	71	(8) receives a benefit from participating in a venture
72	72	that involves an activity described by Subdivision (7) or engages
73	73	in sexual conduct with a child or disabled individual who is
74	74	trafficked in the manner described in Subdivision (7).
75	75	(b) Except as otherwise provided by this subsection and
76	76	Subsection (b-1), an offense under this section is a felony of the
77	77	second degree. An offense under this section is a felony of the
78	78	first degree if:
79	79	(1) the applicable conduct constitutes an offense
80	80	under Subsection (a)(5), (6), (7), or (8), regardless of whether
81	81	the actor knows the age of the child or whether the actor knows the
82	82	individual is disabled at the time of the offense;
83	83	(2) the commission of the offense results in the death
84	84	of the person who is trafficked;
85	85	(3) the commission of the offense results in the death
86	86	of an unborn child of the person who is trafficked; or
87	87	(4) the actor recruited, enticed, or obtained the
88	88	trafficked person [victim of the offense] from a shelter or
89	89	facility operating as a residential treatment center that serves
90	90	runaway youth, foster children, the homeless, or persons subjected
91	91	to human trafficking, domestic violence, or sexual assault.
92	92	SECTION 3. Section 43.05(a), Penal Code, is amended to read
93	93	as follows:
94	94	(a) A person commits an offense if the person knowingly:
95	95	(1) causes another by force, threat, coercion, or
96	96	fraud to commit prostitution; [or]
97	97	(2) causes by any means a child younger than 18 years
98	98	to commit prostitution, regardless of whether the actor knows the
99	99	age of the child at the time of the offense; or
100	100	(3) causes by any means a disabled individual, as
101	101	defined by Section 20A.01, to commit prostitution, regardless of
102	102	whether the actor knows the individual is disabled at the time of
103	103	the offense.
104	104	SECTION 4. Section 16.0045(a), Civil Practice and Remedies
105	105	Code, is amended to read as follows:
106	106	(a) A person must bring suit for personal injury not later
107	107	than 30 years after the day the cause of action accrues if the
108	108	injury arises as a result of conduct that violates:
109	109	(1) Section 22.011(a)(2), Penal Code (sexual assault
110	110	of a child);
111	111	(2) Section 22.021(a)(1)(B), Penal Code (aggravated
112	112	sexual assault of a child);
113	113	(3) Section 21.02, Penal Code (continuous sexual abuse
114	114	of young child or disabled individual);
115	115	(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
116	116	Section 20A.02(a)(8), Penal Code, involving an activity described
117	117	by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
118	118	with a child or disabled individual who is trafficked in the manner
119	119	described by Section 20A.02(a)(7), Penal Code (certain sexual
120	120	trafficking [of a child]);
121	121	(5) Section 43.05(a)(2) or (3), Penal Code (compelling
122	122	prostitution by a child or disabled individual); or
123	123	(6) Section 21.11, Penal Code (indecency with a
124	124	child).
125	125	SECTION 5. Article 12.01, Code of Criminal Procedure, is
126	126	amended to read as follows:
127	127	Art. 12.01. FELONIES. Except as provided in Article 12.03,
128	128	felony indictments may be presented within these limits, and not
129	129	afterward:
130	130	(1) no limitation:
131	131	(A) murder and manslaughter;
132	132	(B) sexual assault under Section 22.011(a)(2),
133	133	Penal Code, or aggravated sexual assault under Section
134	134	22.021(a)(1)(B), Penal Code;
135	135	(C) sexual assault, if:
136	136	(i) during the investigation of the offense
137	137	biological matter is collected and the matter:
138	138	(a) has not yet been subjected to
139	139	forensic DNA testing; or
140	140	(b) has been subjected to forensic DNA
141	141	testing and the testing results show that the matter does not match
142	142	the victim or any other person whose identity is readily
143	143	ascertained; or
144	144	(ii) probable cause exists to believe that
145	145	the defendant has committed the same or a similar sex offense
146	146	against five or more victims;
147	147	(D) continuous sexual abuse of young child or
148	148	disabled individual under Section 21.02, Penal Code;
149	149	(E) indecency with a child under Section 21.11,
150	150	Penal Code;
151	151	(F) an offense involving leaving the scene of an
152	152	accident under Section 550.021, Transportation Code, if the
153	153	accident resulted in the death of a person;
154	154	(G) trafficking of persons under Section
155	155	20A.02(a)(7) or (8), Penal Code;
156	156	(H) continuous trafficking of persons under
157	157	Section 20A.03, Penal Code; or
158	158	(I) compelling prostitution under Section
159	159	43.05(a)(2) or (3), Penal Code;
160	160	(2) ten years from the date of the commission of the
161	161	offense:
162	162	(A) theft of any estate, real, personal or mixed,
163	163	by an executor, administrator, guardian or trustee, with intent to
164	164	defraud any creditor, heir, legatee, ward, distributee,
165	165	beneficiary or settlor of a trust interested in such estate;
166	166	(B) theft by a public servant of government
167	167	property over which the public servant exercises control in the
168	168	public servant's official capacity;
169	169	(C) forgery or the uttering, using, or passing of
170	170	forged instruments;
171	171	(D) injury to an elderly or disabled individual
172	172	punishable as a felony of the first degree under Section 22.04,
173	173	Penal Code;
174	174	(E) sexual assault, except as provided by
175	175	Subdivision (1) or (7);
176	176	(F) arson;
177	177	(G) trafficking of persons under Section
178	178	20A.02(a)(1), (2), (3), or (4), Penal Code; or
179	179	(H) compelling prostitution under Section
180	180	43.05(a)(1), Penal Code;
181	181	(3) seven years from the date of the commission of the
182	182	offense:
183	183	(A) misapplication of fiduciary property or
184	184	property of a financial institution;
185	185	(B) fraudulent securing of document execution;
186	186	(C) a felony violation under Chapter 162, Tax
187	187	Code;
188	188	(D) false statement to obtain property or credit
189	189	under Section 32.32, Penal Code;
190	190	(E) money laundering;
191	191	(F) credit card or debit card abuse under Section
192	192	32.31, Penal Code;
193	193	(G) fraudulent use or possession of identifying
194	194	information under Section 32.51, Penal Code;
195	195	(H) exploitation of a child, elderly individual,
196	196	or disabled individual under Section 32.53, Penal Code;
197	197	(I) health care fraud under Section 35A.02, Penal
198	198	Code; or
199	199	(J) bigamy under Section 25.01, Penal Code,
200	200	except as provided by Subdivision (6);
201	201	(4) five years from the date of the commission of the
202	202	offense:
203	203	(A) theft or robbery;
204	204	(B) except as provided by Subdivision (5),
205	205	kidnapping or burglary;
206	206	(C) injury to an elderly or disabled individual
207	207	that is not punishable as a felony of the first degree under Section
208	208	22.04, Penal Code;
209	209	(D) abandoning or endangering a child; or
210	210	(E) insurance fraud;
211	211	(5) if the investigation of the offense shows that the
212	212	victim is younger than 17 years of age at the time the offense is
213	213	committed, 20 years from the 18th birthday of the victim of one of
214	214	the following offenses:
215	215	(A) sexual performance by a child under Section
216	216	43.25, Penal Code;
217	217	(B) aggravated kidnapping under Section
218	218	20.04(a)(4), Penal Code, if the defendant committed the offense
219	219	with the intent to violate or abuse the victim sexually; or
220	220	(C) burglary under Section 30.02, Penal Code, if
221	221	the offense is punishable under Subsection (d) of that section and
222	222	the defendant committed the offense with the intent to commit an
223	223	offense described by Subdivision (1)(B) or (D) of this article or
224	224	Paragraph (B) of this subdivision;
225	225	(6) ten years from the 18th birthday of the victim of
226	226	the offense:
227	227	(A) trafficking of a child [persons] under
228	228	Section 20A.02(a)(5) or (6), Penal Code;
229	229	(B) injury to a child under Section 22.04, Penal
230	230	Code; or
231	231	(C) bigamy under Section 25.01, Penal Code, if
232	232	the investigation of the offense shows that the person, other than
233	233	the legal spouse of the defendant, whom the defendant marries or
234	234	purports to marry or with whom the defendant lives under the
235	235	appearance of being married is younger than 18 years of age at the
236	236	time the offense is committed;
237	237	(7) ten years from the date the offense was
238	238	discovered: trafficking of a disabled individual under Section
239	239	20A.02(a)(5) or (6), Penal Code;
240	240	(8) two years from the date the offense was
241	241	discovered: sexual assault punishable as a state jail felony under
242	242	Section 22.011(f)(2), Penal Code; or
243	243	(9) [(8)] three years from the date of the commission
244	244	of the offense: all other felonies.
245	245	SECTION 6. Section 2(a), Article 38.37, Code of Criminal
246	246	Procedure, is amended to read as follows:
247	247	(a) Subsection (b) applies only to the trial of a defendant
248	248	for:
249	249	(1) an offense under any of the following provisions
250	250	of the Penal Code:
251	251	(A) Section 20A.02, if punishable as a felony of
252	252	the first degree under Section 20A.02(b)(1) (Labor or Sex
253	253	Trafficking of a Child or Disabled Individual);
254	254	(B) Section 21.02 (Continuous Sexual Abuse of
255	255	Young Child or Disabled Individual);
256	256	(C) Section 21.11 (Indecency With a Child);
257	257	(D) Section 22.011(a)(2) (Sexual Assault of a
258	258	Child);
259	259	(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
260	260	Sexual Assault of a Child);
261	261	(F) Section 33.021 (Online Solicitation of a
262	262	Minor);
263	263	(G) Section 43.25 (Sexual Performance by a
264	264	Child); or
265	265	(H) Section 43.26 (Possession or Promotion of
266	266	Child Pornography), Penal Code; or
267	267	(2) an attempt or conspiracy to commit an offense
268	268	described by Subdivision (1).
269	269	SECTION 7. Article 62.101(a), Code of Criminal Procedure,
270	270	is amended to read as follows:
271	271	(a) Except as provided by Subsection (b) and Subchapter I,
272	272	the duty to register for a person ends when the person dies if the
273	273	person has a reportable conviction or adjudication, other than an
274	274	adjudication of delinquent conduct, for:
275	275	(1) a sexually violent offense;
276	276	(2) an offense under Section 20A.02(a)(3), (4), (7),
277	277	or (8), 25.02, 43.05(a)(2) or (3), or 43.26, Penal Code;
278	278	(3) an offense under Section 20A.03, Penal Code, if
279	279	based partly or wholly on conduct that constitutes an offense under
280	280	Section 20A.02(a)(3), (4), (7), or (8) of that code;
281	281	(4) an offense under Section 21.11(a)(2), Penal Code,
282	282	if before or after the person is convicted or adjudicated for the
283	283	offense under Section 21.11(a)(2), Penal Code, the person receives
284	284	or has received another reportable conviction or adjudication,
285	285	other than an adjudication of delinquent conduct, for an offense or
286	286	conduct that requires registration under this chapter;
287	287	(5) an offense under Section 20.02, 20.03, or 20.04,
288	288	Penal Code, if:
289	289	(A) the judgment in the case contains an
290	290	affirmative finding under Article 42.015 or, for a deferred
291	291	adjudication, the papers in the case contain an affirmative finding
292	292	that the victim or intended victim was younger than 17 years of age;
293	293	and
294	294	(B) before or after the person is convicted or
295	295	adjudicated for the offense under Section 20.02, 20.03, or 20.04,
296	296	Penal Code, the person receives or has received another reportable
297	297	conviction or adjudication, other than an adjudication of
298	298	delinquent conduct, for an offense or conduct that requires
299	299	registration under this chapter; or
300	300	(6) an offense under Section 43.23, Penal Code, that
301	301	is punishable under Subsection (h) of that section.
302	302	SECTION 8. Section 772.0062(a)(1), Government Code, is
303	303	amended to read as follows:
304	304	(1) "Child sex trafficking" means conduct
305	305	constituting an offense [prohibited] under Section 20A.02(a)(7) or
306	306	(8), Penal Code, that is committed against a child.
307	307	SECTION 9. The change in law made by this Act applies only
308	308	to an offense committed on or after the effective date of this Act.
309	309	An offense committed before the effective date of this Act is
310	310	governed by the law in effect on the date the offense was committed,
311	311	and the former law is continued in effect for that purpose. For
312	312	purposes of this section, an offense was committed before the
313	313	effective date of this Act if any element of the offense occurred
314	314	before that date.
315	315	SECTION 10. To the extent of any conflict, this Act prevails
316	316	over another Act of the 88th Legislature, Regular Session, 2023,
317	317	relating to nonsubstantive additions to and corrections in enacted
318	318	codes.
319	319	SECTION 11. This Act takes effect September 1, 2023.