Texas 2023 - 88th Regular

Texas House Bill HB3451 Compare Versions

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1	1	88R3356 EAS/LHC-D
2	2	By: Thompson of Harris H.B. No. 3451
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to human trafficking, including the prosecution and
8	8	punishment of compelling and solicitation of prostitution and other
9	9	sexual or assaultive offenses; increasing a criminal penalty;
10	10	creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. HUMAN TRAFFICKING PREVENTION COORDINATING COUNCIL AND
13	13	HUMAN TRAFFICKING PREVENTION TASK FORCE
14	14	SECTION 1.01. Sections 402.034(c), (f), and (g), Government
15	15	Code, are amended to read as follows:
16	16	(c) The council is composed of the following:
17	17	(1) the governor or the governor's designee;
18	18	(2) the attorney general or the attorney general's
19	19	designee;
20	20	(3) the commissioner of the Department of Family and
21	21	Protective Services or the commissioner's designee;
22	22	(4) the public safety director of the Department of
23	23	Public Safety or the director's designee;
24	24	(5) one representative from each of the following
25	25	state agencies, appointed by the chief administrative officer of
26	26	the respective agency:
27	27	(A) the Texas Workforce Commission;
28	28	(B) the Texas Alcoholic Beverage Commission;
29	29	(C) the Parks and Wildlife Department; [and]
30	30	(D) the Texas Department of Licensing and
31	31	Regulation;
32	32	(E) the Texas Education Agency; and
33	33	(F) the Texas Department of Transportation; and
34	34	(6) one representative of any other state agency
35	35	appointed by the chief administrative officer of the agency, if the
36	36	[human trafficking prevention task force established under Section
37	37	402.035 and the] council determines [determine] that a
38	38	representative from the state agency is a necessary member of the
39	39	council.
40	40	(f) The strategic plan must include:
41	41	(1) an inventory of human trafficking prevention
42	42	programs and services in this state that are administered by state
43	43	agencies, including an institution [institutions] of higher
44	44	education as defined by Section 61.003, Education Code, or a
45	45	private college or university that receives state funds [, and
46	46	political subdivisions];
47	47	(2) regarding the programs and services described by
48	48	Subdivision (1):
49	49	(A) a report on the number of persons served by
50	50	the programs and services; and
51	51	(B) a plan to coordinate the programs and
52	52	services to achieve the following goals:
53	53	(i) eliminate redundancy;
54	54	(ii) ensure the agencies' use of best
55	55	practices in preventing human trafficking; and
56	56	(iii) identify and collect data regarding
57	57	the efficacy of the programs and services; and
58	58	(3) in relation to the goals for programs and services
59	59	as described by Subdivision (2)(B), a plan to coordinate the
60	60	expenditure of state funds allocated to prevent human trafficking
61	61	in this state, including the expenditure of state funds by the human
62	62	trafficking prevention task force established under Section
63	63	402.035.
64	64	(g) Not later than December 1 of each even-numbered year,
65	65	the council shall submit to the legislature a report detailing the
66	66	progress of the strategic plan's implementation. The report must
67	67	include:
68	68	(1) a description of the level of participation in the
69	69	strategic plan by each agency represented on the council and how the
70	70	implementation of the strategic plan serves to coordinate the
71	71	programs and services described by Subsection (f)(1) and achieve
72	72	the goals described by Subsection (f)(2)(B); and
73	73	(2) an update of the inventory of programs and
74	74	services described by Subsection (f)(1) that further [and how each
75	75	program or service furthers] the goals of the strategic plan.
76	76	SECTION 1.02. Section 402.035, Government Code, is amended
77	77	by amending Subsections (c), (d), and (f-1) and adding Subsection
78	78	(c-1) to read as follows:
79	79	(c) The task force is composed of the following:
80	80	(1) the governor or the governor's designee;
81	81	(2) the attorney general or the attorney general's
82	82	designee;
83	83	(3) the executive commissioner of the Health and Human
84	84	Services Commission or the executive commissioner's designee;
85	85	(4) the commissioner of the Department of Family and
86	86	Protective Services or the commissioner's designee;
87	87	(5) the commissioner of the Department of State Health
88	88	Services or the commissioner's designee;
89	89	(6) the public safety director of the Department of
90	90	Public Safety or the director's designee;
91	91	(7) one representative from each of the following
92	92	state agencies, appointed by the chief administrative officer of
93	93	the respective agency:
94	94	(A) the Texas Workforce Commission;
95	95	(B) the Texas Department of Criminal Justice;
96	96	(C) the Texas Juvenile Justice Department;
97	97	(D) the Texas Education Agency;
98	98	(E) the Texas Alcoholic Beverage Commission;
99	99	(F) the Parks and Wildlife Department;
100	100	(G) the Supreme Court of Texas Permanent Judicial
101	101	Commission for Children, Youth and Families;
102	102	(H) the Texas Department of Licensing and
103	103	Regulation;
104	104	(I) the Office of Court Administration of the
105	105	Texas Judicial System;
106	106	(J) the office of the secretary of state; [and]
107	107	(K) the Texas Commission on Law Enforcement; and
108	108	(L) the Texas Department of Transportation; and
109	109	(8) as appointed by the attorney general:
110	110	(A) a chief public defender employed by a public
111	111	defender's office, as defined by Article 26.044(a), Code of
112	112	Criminal Procedure, or an attorney designated by the chief public
113	113	defender;
114	114	(B) an attorney representing the state;
115	115	(C) a representative of:
116	116	(i) a hotel and motel association;
117	117	(ii) a district and county attorneys
118	118	association;
119	119	(iii) a state police association; and
120	120	(iv) a statewide medical association;
121	121	(D) a representative [representatives] of a
122	122	sheriff's department [departments];
123	123	(E) a representative [representatives] of a
124	124	local law enforcement agency [agencies] affected by human
125	125	trafficking; [and]
126	126	(F) a representative [representatives] of a
127	127	nongovernmental entity [entities] making comprehensive efforts to
128	128	combat human trafficking by:
129	129	(i) identifying human trafficking victims;
130	130	(ii) providing legal or other services to
131	131	human trafficking victims;
132	132	(iii) participating in community outreach
133	133	or public awareness efforts regarding human trafficking;
134	134	(iv) providing or developing training
135	135	regarding the prevention of human trafficking; and [or]
136	136	(v) engaging in other activities designed
137	137	to prevent human trafficking; and
138	138	(G) representatives of regional human
139	139	trafficking task forces or coalitions.
140	140	(c-1) The attorney general shall annually evaluate the
141	141	input and participation of members appointed under Subsection
142	142	(c)(8) and, if necessary, appoint new members who will collaborate
143	143	and contribute to the task force.
144	144	(d) The task force shall:
145	145	(1) collaborate, as needed to fulfill the duties of
146	146	the task force, with:
147	147	(A) United States attorneys' offices for all of
148	148	the federal districts of Texas; and
149	149	(B) special agents or customs and border
150	150	protection officers and border patrol agents of:
151	151	(i) the Federal Bureau of Investigation;
152	152	(ii) the United States Drug Enforcement
153	153	Administration;
154	154	(iii) the Bureau of Alcohol, Tobacco,
155	155	Firearms and Explosives;
156	156	(iv) United States Immigration and Customs
157	157	Enforcement; or
158	158	(v) the United States Department of
159	159	Homeland Security;
160	160	(2) collect, organize, and periodically publish
161	161	statistical data on the nature and extent of human trafficking in
162	162	this state, including:
163	163	(A) the number of investigations concerning,
164	164	arrests and prosecutions for, and convictions of:
165	165	(i) the offense of trafficking of persons;
166	166	(ii) the offense of forgery or an offense
167	167	under Chapter 43, Penal Code, if the offense was committed as part
168	168	of a criminal episode involving the trafficking of persons; and
169	169	(iii) an offense punishable as a felony of
170	170	the second degree under Section 43.021, Penal Code, regardless of
171	171	whether the offense was committed as part of a criminal episode
172	172	involving the trafficking of persons;
173	173	(B) demographic information on persons who are
174	174	convicted of offenses described by Paragraph (A) and persons who
175	175	are the victims of those offenses;
176	176	(C) geographic routes by which human trafficking
177	177	victims are trafficked, including routes by which victims are
178	178	trafficked across this state's international border, and
179	179	geographic patterns in human trafficking, including the country or
180	180	state of origin and the country or state of destination;
181	181	(D) means of transportation and methods used by
182	182	persons who engage in trafficking to transport their victims; and
183	183	(E) social and economic factors that create a
184	184	demand for the labor or services that victims of human trafficking
185	185	are forced to provide [data described by Subdivisions (4)(A), (B),
186	186	(C), (D), and (E)];
187	187	(3) solicit cooperation and assistance from state and
188	188	local governmental agencies, political subdivisions of the state,
189	189	nongovernmental organizations, and other persons, as appropriate,
190	190	for the purpose of collecting and organizing statistical data under
191	191	Subdivision (2);
192	192	(4) [ensure that each state or local governmental
193	193	agency and political subdivision of the state and each state or
194	194	local law enforcement agency, district attorney, or county attorney
195	195	that assists in the prevention of human trafficking collects
196	196	statistical data related to human trafficking, including, as
197	197	appropriate:
198	198	[(A) the number of investigations concerning,
199	199	arrests and prosecutions for, and convictions of:
200	200	[(i) the offense of trafficking of persons;
201	201	[(ii) the offense of forgery or an offense
202	202	under Chapter 43, Penal Code, if the offense was committed as part
203	203	of a criminal episode involving the trafficking of persons; and
204	204	[(iii) an offense punishable as a felony of
205	205	the second degree under Section 43.021, Penal Code, regardless of
206	206	whether the offense was committed as part of a criminal episode
207	207	involving the trafficking of persons;
208	208	[(B) demographic information on persons who are
209	209	convicted of offenses described by Paragraph (A) and persons who
210	210	are the victims of those offenses;
211	211	[(C) geographic routes by which human
212	212	trafficking victims are trafficked, including routes by which
213	213	victims are trafficked across this state's international border,
214	214	and geographic patterns in human trafficking, including the country
215	215	or state of origin and the country or state of destination;
216	216	[(D) means of transportation and methods used by
217	217	persons who engage in trafficking to transport their victims; and
218	218	[(E) social and economic factors that create a
219	219	demand for the labor or services that victims of human trafficking
220	220	are forced to provide;]
221	221	[(5)] work with the Texas Commission on Law
222	222	Enforcement to develop and conduct training for law enforcement
223	223	personnel, victim service providers, and medical service providers
224	224	to identify victims of human trafficking;
225	225	(5) [(6)] work with the Texas Education Agency, the
226	226	Department of Family and Protective Services, and the Health and
227	227	Human Services Commission to:
228	228	(A) develop a list of key indicators that a
229	229	person is a victim of human trafficking;
230	230	(B) develop a standardized curriculum for
231	231	training doctors, nurses, emergency medical services personnel,
232	232	teachers, school counselors, school administrators, and personnel
233	233	from the Department of Family and Protective Services and the
234	234	Health and Human Services Commission to identify and assist victims
235	235	of human trafficking;
236	236	(C) train doctors, nurses, emergency medical
237	237	services personnel, teachers, school counselors, school
238	238	administrators, and personnel from the Department of Family and
239	239	Protective Services and the Health and Human Services Commission to
240	240	identify and assist victims of human trafficking;
241	241	(D) develop and conduct training for personnel
242	242	from the Department of Family and Protective Services and the
243	243	Health and Human Services Commission on methods for identifying
244	244	children in foster care who may be at risk of becoming victims of
245	245	human trafficking; and
246	246	(E) develop a process for referring identified
247	247	human trafficking victims and individuals at risk of becoming
248	248	victims to appropriate entities for services;
249	249	(6) [(7)] on the request of a judge of a county court,
250	250	county court at law, or district court or a county attorney,
251	251	district attorney, or criminal district attorney, assist and train
252	252	the judge or the judge's staff or the attorney or the attorney's
253	253	staff in the recognition and prevention of human trafficking;
254	254	(7) [(8)] examine training protocols related to human
255	255	trafficking issues, as developed and implemented by federal, state,
256	256	and local law enforcement agencies;
257	257	(8) [(9)] collaborate with state and local
258	258	governmental agencies, political subdivisions of the state, and
259	259	nongovernmental organizations to implement a media awareness
260	260	campaign in communities affected by human trafficking;
261	261	(9) [(10)] develop recommendations on how to
262	262	strengthen state and local efforts to prevent human trafficking,
263	263	protect and assist human trafficking victims, curb markets and
264	264	other economic avenues that facilitate human trafficking and
265	265	investigate and prosecute human trafficking offenders;
266	266	(10) [(11)] examine:
267	267	(A) the extent to which human trafficking is
268	268	associated with the operation of:
269	269	(i) sexually oriented businesses, as
270	270	defined by Section 243.002, Local Government Code; [,] and
271	271	(ii) massage establishments permitting
272	272	conduct described by Section 455.202(b)(4), Occupations Code; and
273	273	(B) the workplace or public health concerns that
274	274	are created by the association of human trafficking and the
275	275	operation of sexually oriented businesses and massage
276	276	establishments described by Paragraph (A);
277	277	(11) [(12)] develop recommendations for addressing
278	278	the demand for forced labor or services or sexual conduct involving
279	279	victims of human trafficking, including recommendations for
280	280	increased penalties for individuals who engage or attempt to engage
281	281	in solicitation of prostitution with victims younger than 18 years
282	282	of age; and
283	283	(12) [(13)] identify and report to the governor and
284	284	legislature on laws, licensure requirements, or other regulations
285	285	that can be passed at the state and local level to curb trafficking
286	286	using the Internet and in sexually oriented businesses and massage
287	287	establishments.
288	288	(f-1) The following state agencies shall designate an
289	289	individual who is authorized to coordinate the agency's resources
290	290	to strengthen state and local efforts to prevent human trafficking,
291	291	protect and assist human trafficking victims, and investigate and
292	292	prosecute human trafficking offenders:
293	293	(1) the Texas Alcoholic Beverage Commission;
294	294	(2) the Department of Family and Protective Services;
295	295	(3) the Department of Public Safety;
296	296	(4) the Department of State Health Services;
297	297	(5) the Health and Human Services Commission;
298	298	(6) the Texas Juvenile Justice Department;
299	299	(7) the Texas Education Agency;
300	300	(8) the Texas Department of Transportation;
301	301	(9) the office of the attorney general; and
302	302	(10) [(8)] the office of the governor.
303	303	SECTION 1.03. As soon as practicable after the effective
304	304	date of this Act, the Texas Education Agency and the Texas
305	305	Department of Transportation, as applicable, shall appoint
306	306	representatives and designate individuals as required by Sections
307	307	402.034(c) and 402.035(c) and (f-1), Government Code, as amended by
308	308	this article.
309	309	ARTICLE 2. TRAFFICKING OF PERSONS, SOLICITATION OF PROSTITUTION,
310	310	AND COMPELLING PROSTITUTION
311	311	SECTION 2.01. Section 20A.01, Penal Code, is amended by
312	312	adding Subdivision (1-b) to read as follows:
313	313	(1-b) "Disabled individual" has the meaning assigned by
314	314	Section 22.021(b).
315	315	SECTION 2.02. Sections 20A.02(a) and (b), Penal Code, are
316	316	amended to read as follows:
317	317	(a) A person commits an offense if the person knowingly:
318	318	(1) traffics another person with the intent that the
319	319	trafficked person engage in forced labor or services;
320	320	(2) receives a benefit from participating in a venture
321	321	that involves an activity described by Subdivision (1), including
322	322	by receiving labor or services the person knows are forced labor or
323	323	services;
324	324	(3) traffics another person and, through force, fraud,
325	325	or coercion, causes the trafficked person to engage in conduct
326	326	prohibited by:
327	327	(A) Section 43.02 (Prostitution);
328	328	(B) Section 43.03 (Promotion of Prostitution);
329	329	(B-1) Section 43.031 (Online Promotion of
330	330	Prostitution);
331	331	(C) Section 43.04 (Aggravated Promotion of
332	332	Prostitution);
333	333	(C-1) Section 43.041 (Aggravated Online
334	334	Promotion of Prostitution); or
335	335	(D) Section 43.05 (Compelling Prostitution);
336	336	(4) receives a benefit from participating in a venture
337	337	that involves an activity described by Subdivision (3) or engages
338	338	in sexual conduct with a person trafficked in the manner described
339	339	in Subdivision (3);
340	340	(5) traffics a child or disabled individual with the
341	341	intent that the trafficked child or disabled individual engage in
342	342	forced labor or services;
343	343	(6) receives a benefit from participating in a venture
344	344	that involves an activity described by Subdivision (5), including
345	345	by receiving labor or services the person knows are forced labor or
346	346	services;
347	347	(7) traffics a child or disabled individual and by any
348	348	means causes the trafficked child or disabled individual to engage
349	349	in, or become the victim of, conduct prohibited by:
350	350	(A) Section 21.02 (Continuous Sexual Abuse of
351	351	Young Child or Disabled Individual);
352	352	(B) Section 21.11 (Indecency with a Child);
353	353	(C) Section 22.011 (Sexual Assault);
354	354	(D) Section 22.021 (Aggravated Sexual Assault);
355	355	(E) Section 43.02 (Prostitution);
356	356	(E-1) Section 43.021 (Solicitation of
357	357	Prostitution);
358	358	(F) Section 43.03 (Promotion of Prostitution);
359	359	(F-1) Section 43.031 (Online Promotion of
360	360	Prostitution);
361	361	(G) Section 43.04 (Aggravated Promotion of
362	362	Prostitution);
363	363	(G-1) Section 43.041 (Aggravated Online
364	364	Promotion of Prostitution);
365	365	(H) Section 43.05 (Compelling Prostitution);
366	366	(I) Section 43.25 (Sexual Performance by a
367	367	Child);
368	368	(J) Section 43.251 (Employment Harmful to
369	369	Children); or
370	370	(K) Section 43.26 (Possession or Promotion of
371	371	Child Pornography); or
372	372	(8) receives a benefit from participating in a venture
373	373	that involves an activity described by Subdivision (7) or engages
374	374	in sexual conduct with a child or disabled individual trafficked in
375	375	the manner described in Subdivision (7).
376	376	(b) Except as otherwise provided by this subsection and
377	377	Subsection (b-1), an offense under this section is a felony of the
378	378	second degree. An offense under this section is a felony of the
379	379	first degree if:
380	380	(1) the applicable conduct constitutes an offense
381	381	under Subsection (a)(5), (6), (7), or (8), regardless of whether
382	382	the actor knows the age of the child or whether the actor knows the
383	383	victim is disabled at the time of the offense;
384	384	(2) the commission of the offense results in serious
385	385	bodily injury to or the death of the person who is trafficked;
386	386	(3) the commission of the offense results in the death
387	387	of an unborn child of the person who is trafficked; or
388	388	(4) the actor:
389	389	(A) used or exhibited a deadly weapon during the
390	390	commission of the offense;
391	391	(B) intentionally, knowingly, or recklessly
392	392	impeded the normal breathing or circulation of the blood of the
393	393	trafficked person by applying pressure to the person's throat or
394	394	neck or by blocking the person's nose or mouth; or
395	395	(C) recruited, enticed, or obtained the
396	396	trafficked person [victim of the offense] from a shelter or
397	397	facility operating as a residential treatment center that serves
398	398	runaway youth, foster children, the homeless, or persons subjected
399	399	to human trafficking, domestic violence, or sexual assault.
400	400	SECTION 2.03. Section 43.021(b), Penal Code, is amended to
401	401	read as follows:
402	402	(b) An offense under Subsection (a) is a state jail felony,
403	403	except that the offense is:
404	404	(1) a felony of the third degree if the actor has
405	405	previously been convicted of an offense under Subsection (a) or
406	406	under Section 43.02(b), as that law existed before September 1,
407	407	2021; or
408	408	(2) a felony of the second degree if the person to
409	409	[with] whom the actor offers or agrees to pay the fee for the
410	410	purpose of engaging [to engage] in sexual conduct is:
411	411	(A) younger than 18 years of age, regardless of
412	412	whether the actor knows the age of the person at the time of the
413	413	offense;
414	414	(B) represented to the actor as being younger
415	415	than 18 years of age; or
416	416	(C) believed by the actor to be younger than 18
417	417	years of age.
418	418	SECTION 2.04. Section 43.02(c-2), Penal Code, as added by
419	419	Chapters 807 (H.B. 1540) and 1049 (S.B. 1831), Acts of the 87th
420	420	Legislature, Regular Session, 2021, is transferred to Section
421	421	43.021, Penal Code, redesignated as Section 43.021(b-1), Penal
422	422	Code, and amended to read as follows:
423	423	(b-1) [(c-2)] The punishment prescribed for an offense
424	424	under Subsection (a) [(b)] is increased to the punishment
425	425	prescribed for the next highest category of offense if it is shown
426	426	on the trial of the offense that the actor committed the offense in
427	427	a location that was:
428	428	(1) on the premises of or within 1,000 feet of the
429	429	premises of a school; or
430	430	(2) on premises or within 1,000 feet of premises
431	431	where:
432	432	(A) an official school function was taking place;
433	433	or
434	434	(B) an event sponsored or sanctioned by the
435	435	University Interscholastic League was taking place.
436	436	SECTION 2.05. Section 43.05(a), Penal Code, is amended to
437	437	read as follows:
438	438	(a) A person commits an offense if the person knowingly:
439	439	(1) causes another by force, threat, coercion, or
440	440	fraud to commit prostitution; [or]
441	441	(2) causes by any means a child younger than 18 years
442	442	to commit prostitution, regardless of whether the actor knows the
443	443	age of the child at the time of the offense; or
444	444	(3) causes by any means a disabled individual, as
445	445	defined by Section 22.021(b), to commit prostitution, regardless of
446	446	whether the actor knows the individual is disabled at the time of
447	447	the offense.
448	448	SECTION 2.06. Section 16.0045(a), Civil Practice and
449	449	Remedies Code, is amended to read as follows:
450	450	(a) A person must bring suit for personal injury not later
451	451	than 30 years after the day the cause of action accrues if the
452	452	injury arises as a result of conduct that violates:
453	453	(1) Section 22.011(a)(2), Penal Code (sexual assault
454	454	of a child);
455	455	(2) Section 22.021(a)(1)(B), Penal Code (aggravated
456	456	sexual assault of a child);
457	457	(3) Section 21.02, Penal Code (continuous sexual abuse
458	458	of young child or disabled individual);
459	459	(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
460	460	Section 20A.02(a)(8), Penal Code, involving an activity described
461	461	by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
462	462	with a child or disabled individual trafficked in the manner
463	463	described by Section 20A.02(a)(7), Penal Code (certain sexual
464	464	trafficking [of a child]);
465	465	(5) Section 43.05(a)(2) or (3), Penal Code (compelling
466	466	prostitution by a child or disabled individual); or
467	467	(6) Section 21.11, Penal Code (indecency with a
468	468	child).
469	469	SECTION 2.07. Article 12.01, Code of Criminal Procedure, is
470	470	amended to read as follows:
471	471	Art. 12.01. FELONIES. Except as provided in Article 12.03,
472	472	felony indictments may be presented within these limits, and not
473	473	afterward:
474	474	(1) no limitation:
475	475	(A) murder and manslaughter;
476	476	(B) sexual assault under Section 22.011(a)(2),
477	477	Penal Code, or aggravated sexual assault under Section
478	478	22.021(a)(1)(B), Penal Code;
479	479	(C) sexual assault, if:
480	480	(i) during the investigation of the offense
481	481	biological matter is collected and the matter:
482	482	(a) has not yet been subjected to
483	483	forensic DNA testing; or
484	484	(b) has been subjected to forensic DNA
485	485	testing and the testing results show that the matter does not match
486	486	the victim or any other person whose identity is readily
487	487	ascertained; or
488	488	(ii) probable cause exists to believe that
489	489	the defendant has committed the same or a similar sex offense
490	490	against five or more victims;
491	491	(D) continuous sexual abuse of young child or
492	492	disabled individual under Section 21.02, Penal Code;
493	493	(E) indecency with a child under Section 21.11,
494	494	Penal Code;
495	495	(F) an offense involving leaving the scene of an
496	496	accident under Section 550.021, Transportation Code, if the
497	497	accident resulted in the death of a person;
498	498	(G) trafficking of persons under Section
499	499	20A.02(a)(7) or (8), Penal Code;
500	500	(H) continuous trafficking of persons under
501	501	Section 20A.03, Penal Code; or
502	502	(I) compelling prostitution under Section
503	503	43.05(a)(2) or (3), Penal Code;
504	504	(2) ten years from the date of the commission of the
505	505	offense:
506	506	(A) theft of any estate, real, personal or mixed,
507	507	by an executor, administrator, guardian or trustee, with intent to
508	508	defraud any creditor, heir, legatee, ward, distributee,
509	509	beneficiary or settlor of a trust interested in such estate;
510	510	(B) theft by a public servant of government
511	511	property over which the public servant exercises control in the
512	512	public servant's official capacity;
513	513	(C) forgery or the uttering, using, or passing of
514	514	forged instruments;
515	515	(D) injury to an elderly or disabled individual
516	516	punishable as a felony of the first degree under Section 22.04,
517	517	Penal Code;
518	518	(E) sexual assault, except as provided by
519	519	Subdivision (1) or (7);
520	520	(F) arson;
521	521	(G) trafficking of persons under Section
522	522	20A.02(a)(1), (2), (3), or (4), Penal Code; or
523	523	(H) compelling prostitution under Section
524	524	43.05(a)(1), Penal Code;
525	525	(3) seven years from the date of the commission of the
526	526	offense:
527	527	(A) misapplication of fiduciary property or
528	528	property of a financial institution;
529	529	(B) fraudulent securing of document execution;
530	530	(C) a felony violation under Chapter 162, Tax
531	531	Code;
532	532	(D) false statement to obtain property or credit
533	533	under Section 32.32, Penal Code;
534	534	(E) money laundering;
535	535	(F) credit card or debit card abuse under Section
536	536	32.31, Penal Code;
537	537	(G) fraudulent use or possession of identifying
538	538	information under Section 32.51, Penal Code;
539	539	(H) exploitation of a child, elderly individual,
540	540	or disabled individual under Section 32.53, Penal Code;
541	541	(I) health care fraud under Section 35A.02, Penal
542	542	Code; or
543	543	(J) bigamy under Section 25.01, Penal Code,
544	544	except as provided by Subdivision (6);
545	545	(4) five years from the date of the commission of the
546	546	offense:
547	547	(A) theft or robbery;
548	548	(B) except as provided by Subdivision (5),
549	549	kidnapping or burglary;
550	550	(C) injury to an elderly or disabled individual
551	551	that is not punishable as a felony of the first degree under Section
552	552	22.04, Penal Code;
553	553	(D) abandoning or endangering a child; or
554	554	(E) insurance fraud;
555	555	(5) if the investigation of the offense shows that the
556	556	victim is younger than 17 years of age at the time the offense is
557	557	committed, 20 years from the 18th birthday of the victim of one of
558	558	the following offenses:
559	559	(A) sexual performance by a child under Section
560	560	43.25, Penal Code;
561	561	(B) aggravated kidnapping under Section
562	562	20.04(a)(4), Penal Code, if the defendant committed the offense
563	563	with the intent to violate or abuse the victim sexually; or
564	564	(C) burglary under Section 30.02, Penal Code, if
565	565	the offense is punishable under Subsection (d) of that section and
566	566	the defendant committed the offense with the intent to commit an
567	567	offense described by Subdivision (1)(B) or (D) of this article or
568	568	Paragraph (B) of this subdivision;
569	569	(6) ten years from the 18th birthday of the victim of
570	570	the offense:
571	571	(A) trafficking of a child [persons] under
572	572	Section 20A.02(a)(5) or (6), Penal Code;
573	573	(B) injury to a child under Section 22.04, Penal
574	574	Code; or
575	575	(C) bigamy under Section 25.01, Penal Code, if
576	576	the investigation of the offense shows that the person, other than
577	577	the legal spouse of the defendant, whom the defendant marries or
578	578	purports to marry or with whom the defendant lives under the
579	579	appearance of being married is younger than 18 years of age at the
580	580	time the offense is committed;
581	581	(7) ten years from the date the offense was
582	582	discovered: trafficking of a disabled individual under Section
583	583	20A.02(a)(5) or (6), Penal Code;
584	584	(8) two years from the date the offense was
585	585	discovered: sexual assault punishable as a state jail felony under
586	586	Section 22.011(f)(2), Penal Code; or
587	587	(9) [(8)] three years from the date of the commission
588	588	of the offense: all other felonies.
589	589	SECTION 2.08. Section 2(a), Article 38.37, Code of Criminal
590	590	Procedure, is amended to read as follows:
591	591	(a) Subsection (b) applies only to the trial of a defendant
592	592	for:
593	593	(1) an offense under any of the following provisions
594	594	of the Penal Code:
595	595	(A) Section 20A.02, if punishable as a felony of
596	596	the first degree under Section 20A.02(b)(1) (Labor or Sex
597	597	Trafficking of a Child or Disabled Individual);
598	598	(B) Section 21.02 (Continuous Sexual Abuse of
599	599	Young Child or Disabled Individual);
600	600	(C) Section 21.11 (Indecency With a Child);
601	601	(D) Section 22.011(a)(2) (Sexual Assault of a
602	602	Child);
603	603	(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
604	604	Sexual Assault of a Child);
605	605	(F) Section 33.021 (Online Solicitation of a
606	606	Minor);
607	607	(G) Section 43.25 (Sexual Performance by a
608	608	Child); or
609	609	(H) Section 43.26 (Possession or Promotion of
610	610	Child Pornography), Penal Code; or
611	611	(2) an attempt or conspiracy to commit an offense
612	612	described by Subdivision (1).
613	613	SECTION 2.09. Article 62.101(a), Code of Criminal
614	614	Procedure, is amended to read as follows:
615	615	(a) Except as provided by Subsection (b) and Subchapter I,
616	616	the duty to register for a person ends when the person dies if the
617	617	person has a reportable conviction or adjudication, other than an
618	618	adjudication of delinquent conduct, for:
619	619	(1) a sexually violent offense;
620	620	(2) an offense under Section 20A.02(a)(3), (4), (7),
621	621	or (8), 25.02, 43.05(a)(2) or (3), or 43.26, Penal Code;
622	622	(3) an offense under Section 20A.03, Penal Code, if
623	623	based partly or wholly on conduct that constitutes an offense under
624	624	Section 20A.02(a)(3), (4), (7), or (8) of that code;
625	625	(4) an offense under Section 21.11(a)(2), Penal Code,
626	626	if before or after the person is convicted or adjudicated for the
627	627	offense under Section 21.11(a)(2), Penal Code, the person receives
628	628	or has received another reportable conviction or adjudication,
629	629	other than an adjudication of delinquent conduct, for an offense or
630	630	conduct that requires registration under this chapter;
631	631	(5) an offense under Section 20.02, 20.03, or 20.04,
632	632	Penal Code, if:
633	633	(A) the judgment in the case contains an
634	634	affirmative finding under Article 42.015 or, for a deferred
635	635	adjudication, the papers in the case contain an affirmative finding
636	636	that the victim or intended victim was younger than 17 years of age;
637	637	and
638	638	(B) before or after the person is convicted or
639	639	adjudicated for the offense under Section 20.02, 20.03, or 20.04,
640	640	Penal Code, the person receives or has received another reportable
641	641	conviction or adjudication, other than an adjudication of
642	642	delinquent conduct, for an offense or conduct that requires
643	643	registration under this chapter; or
644	644	(6) an offense under Section 43.23, Penal Code, that
645	645	is punishable under Subsection (h) of that section.
646	646	SECTION 2.10. Section 772.0062(a)(1), Government Code, is
647	647	amended to read as follows:
648	648	(1) "Child sex trafficking" means conduct
649	649	constituting an offense [prohibited] under Section 20A.02(a)(7) or
650	650	(8), Penal Code, that is committed against a child.
651	651	SECTION 2.11. The change in law made by this article applies
652	652	only to an offense committed on or after the effective date of this
653	653	Act. An offense committed before the effective date of this Act is
654	654	governed by the law in effect on the date the offense was committed,
655	655	and the former law is continued in effect for that purpose. For
656	656	purposes of this section, an offense was committed before the
657	657	effective date of this Act if any element of the offense occurred
658	658	before that date.
659	659	SECTION 2.12. To the extent of any conflict, this article
660	660	prevails over another Act of the 88th Legislature, Regular Session,
661	661	2023, relating to nonsubstantive additions to and corrections in
662	662	enacted codes.
663	663	ARTICLE 3. ADMISSIBILITY OF CERTAIN HEARSAY STATEMENTS AND
664	664	EXTRANEOUS OFFENSES OR ACTS
665	665	SECTION 3.01. Section 1, Article 38.072, Code of Criminal
666	666	Procedure, is amended to read as follows:
667	667	Sec. 1. This article applies to a proceeding in the
668	668	prosecution of an offense under any of the following provisions of
669	669	the Penal Code, if committed against a child younger than 18 [14]
670	670	years of age or a person with a disability:
671	671	(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
672	672	Offenses);
673	673	(2) Section 25.02 (Prohibited Sexual Conduct);
674	674	(3) Section 43.25 (Sexual Performance by a Child);
675	675	(4) Section 43.05(a)(2) or (3) (Compelling
676	676	Prostitution);
677	677	(5) Section 20A.02(a)(5), (6), (7), [20A.02(a)(7)] or
678	678	(8) (Trafficking of Persons); [or]
679	679	(6) Section 20A.03 (Continuous Trafficking of
680	680	Persons), if based partly or wholly on conduct that constitutes an
681	681	offense under Section 20A.02(a)(5), (6), (7), or (8); or
682	682	(7) Section 15.01 (Criminal Attempt), if the offense
683	683	attempted is described by Subdivision (1), (2), (3), (4), [or] (5),
684	684	or (6) of this section.
685	685	SECTION 3.02. Section 1(a), Article 38.37, Code of Criminal
686	686	Procedure, is amended to read as follows:
687	687	(a) Subsection (b) applies to a proceeding in the
688	688	prosecution of a defendant for an offense, or an attempt or
689	689	conspiracy to commit an offense, under the following provisions of
690	690	the Penal Code:
691	691	(1) if committed against a child under 17 years of age:
692	692	(A) Chapter 21 (Sexual Offenses);
693	693	(B) Chapter 22 (Assaultive Offenses); or
694	694	(C) Section 25.02 (Prohibited Sexual Conduct);
695	695	or
696	696	(2) if committed against a person younger than 18
697	697	years of age:
698	698	(A) Section 43.25 (Sexual Performance by a
699	699	Child);
700	700	(B) Section 20A.02(a)(5), (6), (7),
701	701	[20A.02(a)(7)] or (8) (Trafficking of Persons); [or]
702	702	(C) Section 20A.03 (Continuous Trafficking of
703	703	Persons), if based partly or wholly on conduct that constitutes an
704	704	offense under Section 20A.02(a)(5), (6), (7), or (8); or
705	705	(D) Section 43.05(a)(2) (Compelling
706	706	Prostitution).
707	707	SECTION 3.03. The change in law made by this article applies
708	708	to the admissibility of evidence in a criminal proceeding that
709	709	commences on or after the effective date of this Act. The
710	710	admissibility of evidence in a criminal proceeding that commences
711	711	before the effective date of this Act is governed by the law in
712	712	effect on the date the proceeding commenced, and the former law is
713	713	continued in effect for that purpose.
714	714	ARTICLE 4. REQUIRED REPORTING CONCERNING INVESTIGATIONS OF HUMAN
715	715	TRAFFICKING OFFENSES
716	716	SECTION 4.01. Article 2.305, Code of Criminal Procedure, is
717	717	amended to read as follows:
718	718	Art. 2.305. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING
719	719	CASES. (a) This article applies only to:
720	720	(1) a municipal police department, sheriff's
721	721	department, or constable's office [, county attorney's office,
722	722	district attorney's office, and criminal district attorney's
723	723	office, as applicable,] in a county with a population of more than
724	724	50,000; and
725	725	(2) the Department of Public Safety.
726	726	(b) An entity described by Subsection (a) that investigates
727	727	the alleged commission of an offense under Chapter 20A, Penal Code,
728	728	or the alleged commission of an offense under Chapter 43, Penal
729	729	Code, which may involve human trafficking, shall submit to the
730	730	attorney general [a report] in the manner and form prescribed by the
731	731	attorney general a report containing the following information:
732	732	(1) the offense being investigated, including the
733	733	offense code designated by the Department of Public Safety under
734	734	Article 66.052 [a brief description of the alleged prohibited
735	735	conduct];
736	736	(2) regarding each person suspected of committing the
737	737	offense [and each victim of the offense]:
738	738	(A) the person's:
739	739	(i) full name [age];
740	740	(ii) gender; [and]
741	741	(iii) race or ethnicity, as defined by
742	742	Article 2.132; [and]
743	743	(iv) country of origin, if the person is not
744	744	a United States citizen or legal permanent resident;
745	745	(v) date of birth; and
746	746	(vi) age at the time of the offense, if
747	747	available; and
748	748	(B) the case number associated with the person
749	749	and the offense [and the person suspected of committing the
750	750	offense];
751	751	(3) the date[, time,] and location of the alleged
752	752	offense, including the city and county;
753	753	(4) [the type of human trafficking involved,
754	754	including:
755	755	[(A) forced labor or services, as defined by
756	756	Section 20A.01, Penal Code;
757	757	[(B) causing the victim by force, fraud, or
758	758	coercion to engage in prohibited conduct involving one or more
759	759	sexual activities, including conduct described by Section
760	760	20A.02(a)(3), Penal Code; or
761	761	[(C) causing a child victim by any means to engage
762	762	in, or become the victim of, prohibited conduct involving one or
763	763	more sexual activities, including conduct described by Section
764	764	20A.02(a)(7), Penal Code;
765	765	[(5) if available, information regarding any victims'
766	766	service organization or program to which the victim was referred as
767	767	part of the investigation; and
768	768	[(6)] the disposition of the investigation, if any,
769	769	regardless of the manner of disposition; and
770	770	(5) regarding the victim of the offense:
771	771	(A) the victim's:
772	772	(i) age;
773	773	(ii) gender;
774	774	(iii) race or ethnicity, as defined by
775	775	Article 2.132; and
776	776	(iv) country of origin, if the victim is not
777	777	a United States citizen or legal permanent resident; and
778	778	(B) if available, information regarding any
779	779	victims' service organization or program to which the victim was
780	780	referred as part of the investigation.
781	781	(c) An entity described by Subsection (a) that does not have
782	782	any investigations or offenses required to be reported under this
783	783	article during a period specified by the attorney general shall
784	784	submit to the attorney general a notice stating there are no cases
785	785	to report, in the manner and form prescribed by the attorney general
786	786	[An attorney representing the state who prosecutes the alleged
787	787	commission of an offense under Chapter 20A, Penal Code, or the
788	788	alleged commission of an offense under Chapter 43, Penal Code,
789	789	which may involve human trafficking, shall submit to the attorney
790	790	general the following information:
791	791	[(1) the offense being prosecuted, including a brief
792	792	description of the alleged prohibited conduct;
793	793	[(2) any other charged offense that is part of the same
794	794	criminal episode out of which the offense described by Subdivision
795	795	(1) arose;
796	796	[(3) the information described by Subsections (b)(2),
797	797	(3), (4), and (5); and
798	798	[(4) the disposition of the prosecution, regardless of
799	799	the manner of disposition].
800	800	(d) The attorney general may enter into a contract with a
801	801	university or organization to assist with [that provides for the
802	802	university's assistance in] the collection and analysis of
803	803	information received under this article. The attorney general shall
804	804	ensure that all sensitive information is properly protected.
805	805	(e) Information described by Subsections (b)(2)(A)(i) and
806	806	(v) and (b)(2)(B) is not subject to disclosure under Chapter 552,
807	807	Government Code.
808	808	(f) In consultation with the entities described by
809	809	Subsection (a), the attorney general shall adopt rules to
810	810	administer this article, including rules prescribing:
811	811	(1) the form and manner of submission of a report or
812	812	notice required by Subsection (b) or (c); and
813	813	(2) additional information to include in a report or
814	814	notice required by Subsection (b) or (c).
815	815	SECTION 4.02. As soon as practicable after the effective
816	816	date of this Act, the attorney general shall update forms and
817	817	procedures as necessary to implement Article 2.305, Code of
818	818	Criminal Procedure, as amended by this article.
819	819	ARTICLE 5. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION
820	820	CERTIFICATES ISSUED TO CERTAIN SEX OFFENDERS
821	821	SECTION 5.01. Article 42.016, Code of Criminal Procedure,
822	822	is amended to read as follows:
823	823	Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
824	824	REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
825	825	of, receives a grant of deferred adjudication for, or is
826	826	adjudicated as having engaged in delinquent conduct based on a
827	827	violation of an offense for which a conviction or adjudication
828	828	requires registration as a sex offender under Chapter 62, the court
829	829	shall:
830	830	(1) issue an order requiring the Texas Department of
831	831	Public Safety to include in any driver's license record or personal
832	832	identification certificate record maintained by the department for
833	833	the person:
834	834	(A) an indication that the person is subject to
835	835	the registration requirements of Chapter 62; and
836	836	(B) if applicable, an indication that the person
837	837	is subject to registration because the person was convicted of an
838	838	offense involving human trafficking under Chapter 20A, Penal Code;
839	839	(2) require the person to apply to the Texas
840	840	Department of Public Safety in person for an original or renewal
841	841	driver's license or personal identification certificate not later
842	842	than the 30th day after the date the person is released or the date
843	843	the department sends written notice to the person of the
844	844	requirements of Article 62.060, as applicable, and to annually
845	845	renew the license or certificate;
846	846	(3) notify the person of the consequence of the
847	847	conviction or order of deferred adjudication as it relates to the
848	848	order issued under this article; and
849	849	(4) send to the Texas Department of Public Safety a
850	850	copy of the record of conviction, a copy of the order granting
851	851	deferred adjudication, or a copy of the juvenile adjudication, as
852	852	applicable, and a copy of the order issued under this article.
853	853	SECTION 5.02. Section 521.057(a), Transportation Code, is
854	854	amended to read as follows:
855	855	(a) On receipt of a court order issued under Article 42.016,
856	856	Code of Criminal Procedure, the department shall ensure that any
857	857	driver's license record or personal identification certificate
858	858	record maintained by the department for the person includes an
859	859	indication that the person:
860	860	(1) is subject to the registration requirements of
861	861	Chapter 62, Code of Criminal Procedure; and
862	862	(2) if applicable, is subject to registration because
863	863	the person was convicted of an offense involving human trafficking
864	864	under Chapter 20A, Penal Code.
865	865	SECTION 5.03. The changes in law made by this article apply
866	866	only to a driver's license or personal identification certificate
867	867	issued or renewed on or after the effective date of this Act. A
868	868	driver's license or personal identification certificate issued or
869	869	renewed before the effective date of this Act is governed by the law
870	870	in effect when the license or certificate was issued or renewed, and
871	871	the former law is continued in effect for that purpose.
872	872	ARTICLE 6. CHILD GROOMING AND POSSESSION OF CHILD PORNOGRAPHY
873	873	SECTION 6.01. Chapter 15, Penal Code, is amended by adding
874	874	Section 15.032 to read as follows:
875	875	Sec. 15.032. CHILD GROOMING. (a) A person commits an
876	876	offense if, with the intent that an offense under Chapter 43 or an
877	877	offense involving sexual activity, the occurrence of which would
878	878	subject the actor to criminal liability under Chapter 20A, 21, or
879	879	22, be committed, the person knowingly persuades, induces, entices,
880	880	or coerces, or attempts to persuade, induce, entice, or coerce, a
881	881	child younger than 18 years of age to engage in specific conduct
882	882	that, under the circumstances surrounding the actor's conduct as
883	883	the actor believes them to be, would:
884	884	(1) constitute an offense under Chapter 43 or an
885	885	offense involving sexual activity the occurrence of which would
886	886	subject the actor to criminal liability under Chapter 20A, 21, or
887	887	22; or
888	888	(2) make the child a party to the commission of an
889	889	offense described by Subdivision (1).
890	890	(b) An offense under this section is a felony of the third
891	891	degree, except that the offense is a felony of the second degree if
892	892	the actor has previously been convicted of an offense under:
893	893	(1) Chapter 20A, if the offense involved conduct
894	894	described by Section 20A.02(a)(7) or (8);
895	895	(2) Section 21.02;
896	896	(3) Section 21.11;
897	897	(4) Section 22.011, if the victim of the offense was a
898	898	child under 18 years of age; or
899	899	(5) Section 22.021, if the victim of the offense was a
900	900	child under 18 years of age.
901	901	(c) It is an affirmative defense to prosecution under this
902	902	section that the actor is under the age of 18 and:
903	903	(1) the actor engaged in conduct described by
904	904	Subsection (a) with respect to another child under the age of 18:
905	905	(A) who is not more than three years older or
906	906	younger than the actor and with whom the actor had a dating
907	907	relationship at the time of the offense; or
908	908	(B) who was the spouse of the actor at the time of
909	909	the offense; and
910	910	(2) the conduct occurred only between the actor and
911	911	the other child described by Subdivision (1).
912	912	(d) If conduct constituting an offense under this section
913	913	also constitutes an offense under another section of this code, the
914	914	actor may be prosecuted under either section but not both sections.
915	915	SECTION 6.02. Section 43.26, Penal Code, is amended by
916	916	amending Subsections (c) and (d) and adding Subsections (d-1) and
917	917	(d-2) to read as follows:
918	918	(c) The affirmative defenses provided by Sections
919	919	43.25(f)(2) and (3) [Section 43.25(f)] also apply to a prosecution
920	920	under this section.
921	921	(d) An offense under Subsection (a) is a felony of the third
922	922	degree, except that the offense is:
923	923	(1) a felony of the second degree if:
924	924	(A) it is shown on the trial of the offense that
925	925	the person has been previously convicted one time of an offense
926	926	under that subsection; or
927	927	(B) the person possesses visual material that
928	928	contains 10 or more visual depictions of a child as described by
929	929	Subsection (a)(1) but fewer than 50 such depictions; and
930	930	(2) a felony of the first degree if:
931	931	(A) it is shown on the trial of the offense that
932	932	the person has been previously convicted two or more times of an
933	933	offense under that subsection; or
934	934	(B) the person possesses visual material that
935	935	contains:
936	936	(i) 50 or more visual depictions of a child
937	937	as described by Subsection (a)(1); or
938	938	(ii) a videotape or film that visually
939	939	depicts conduct constituting an offense under Section
940	940	22.011(a)(2).
941	941	(d-1) If it is shown on the trial of an offense under
942	942	Subsection (a) that the person engaged in conduct that constituted
943	943	an offense under Subsection (e) during the same criminal episode:
944	944	(1) an offense described for purposes of punishment by
945	945	Subsection (d)(1) is a felony of the first degree; or
946	946	(2) the minimum term of confinement for an offense
947	947	described for purposes of punishment by Subsection (d)(2) is
948	948	increased to 15 years.
949	949	(d-2) The enhancement provided by Subsection (d-1) is
950	950	unavailable if the person is also prosecuted under Subsection (e)
951	951	for conduct occurring during the same criminal episode.
952	952	SECTION 6.03. Section 43.26(f), Penal Code, is repealed.
953	953	SECTION 6.04. The change in law made by this article applies
954	954	only to an offense committed on or after the effective date of this
955	955	Act. An offense committed before the effective date of this Act is
956	956	governed by the law in effect on the date the offense was committed,
957	957	and the former law is continued in effect for that purpose. For
958	958	purposes of this section, an offense was committed before the
959	959	effective date of this Act if any element of the offense occurred
960	960	before that date.
961	961	ARTICLE 7. EFFECTIVE DATE
962	962	SECTION 7.01. This Act takes effect September 1, 2023.