88R3356 EAS/LHC-D
By: Thompson of Harris H.B. No. 3451
A BILL TO BE ENTITLED
AN ACT
relating to human trafficking, including the prosecution and
punishment of compelling and solicitation of prostitution and other
sexual or assaultive offenses; increasing a criminal penalty;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. HUMAN TRAFFICKING PREVENTION COORDINATING COUNCIL AND
HUMAN TRAFFICKING PREVENTION TASK FORCE
SECTION 1.01. Sections 402.034(c), (f), and (g), Government
Code, are amended to read as follows:
(c) The council is composed of the following:
(1) the governor or the governor's designee;
(2) the attorney general or the attorney general's
designee;
(3) the commissioner of the Department of Family and
Protective Services or the commissioner's designee;
(4) the public safety director of the Department of
Public Safety or the director's designee;
(5) one representative from each of the following
state agencies, appointed by the chief administrative officer of
the respective agency:
(A) the Texas Workforce Commission;
(B) the Texas Alcoholic Beverage Commission;
(C) the Parks and Wildlife Department; [and]
(D) the Texas Department of Licensing and
Regulation;
(E) the Texas Education Agency; and
(F) the Texas Department of Transportation; and
(6) one representative of any other state agency
appointed by the chief administrative officer of the agency, if the
[human trafficking prevention task force established under Section
402.035 and the] council determines [determine] that a
representative from the state agency is a necessary member of the
council.
(f) The strategic plan must include:
(1) an inventory of human trafficking prevention
programs and services in this state that are administered by state
agencies, including an institution [institutions] of higher
education as defined by Section 61.003, Education Code, or a
private college or university that receives state funds [, and
political subdivisions];
(2) regarding the programs and services described by
Subdivision (1):
(A) a report on the number of persons served by
the programs and services; and
(B) a plan to coordinate the programs and
services to achieve the following goals:
(i) eliminate redundancy;
(ii) ensure the agencies' use of best
practices in preventing human trafficking; and
(iii) identify and collect data regarding
the efficacy of the programs and services; and
(3) in relation to the goals for programs and services
as described by Subdivision (2)(B), a plan to coordinate the
expenditure of state funds allocated to prevent human trafficking
in this state, including the expenditure of state funds by the human
trafficking prevention task force established under Section
402.035.
(g) Not later than December 1 of each even-numbered year,
the council shall submit to the legislature a report detailing the
progress of the strategic plan's implementation. The report must
include:
(1) a description of the level of participation in the
strategic plan by each agency represented on the council and how the
implementation of the strategic plan serves to coordinate the
programs and services described by Subsection (f)(1) and achieve
the goals described by Subsection (f)(2)(B); and
(2) an update of the inventory of programs and
services described by Subsection (f)(1) that further [and how each
program or service furthers] the goals of the strategic plan.
SECTION 1.02. Section 402.035, Government Code, is amended
by amending Subsections (c), (d), and (f-1) and adding Subsection
(c-1) to read as follows:
(c) The task force is composed of the following:
(1) the governor or the governor's designee;
(2) the attorney general or the attorney general's
designee;
(3) the executive commissioner of the Health and Human
Services Commission or the executive commissioner's designee;
(4) the commissioner of the Department of Family and
Protective Services or the commissioner's designee;
(5) the commissioner of the Department of State Health
Services or the commissioner's designee;
(6) the public safety director of the Department of
Public Safety or the director's designee;
(7) one representative from each of the following
state agencies, appointed by the chief administrative officer of
the respective agency:
(A) the Texas Workforce Commission;
(B) the Texas Department of Criminal Justice;
(C) the Texas Juvenile Justice Department;
(D) the Texas Education Agency;
(E) the Texas Alcoholic Beverage Commission;
(F) the Parks and Wildlife Department;
(G) the Supreme Court of Texas Permanent Judicial
Commission for Children, Youth and Families;
(H) the Texas Department of Licensing and
Regulation;
(I) the Office of Court Administration of the
Texas Judicial System;
(J) the office of the secretary of state; [and]
(K) the Texas Commission on Law Enforcement; and
(L) the Texas Department of Transportation; and
(8) as appointed by the attorney general:
(A) a chief public defender employed by a public
defender's office, as defined by Article 26.044(a), Code of
Criminal Procedure, or an attorney designated by the chief public
defender;
(B) an attorney representing the state;
(C) a representative of:
(i) a hotel and motel association;
(ii) a district and county attorneys
association;
(iii) a state police association; and
(iv) a statewide medical association;
(D) a representative [representatives] of a
sheriff's department [departments];
(E) a representative [representatives] of a
local law enforcement agency [agencies] affected by human
trafficking; [and]
(F) a representative [representatives] of a
nongovernmental entity [entities] making comprehensive efforts to
combat human trafficking by:
(i) identifying human trafficking victims;
(ii) providing legal or other services to
human trafficking victims;
(iii) participating in community outreach
or public awareness efforts regarding human trafficking;
(iv) providing or developing training
regarding the prevention of human trafficking; and [or]
(v) engaging in other activities designed
to prevent human trafficking; and
(G) representatives of regional human
trafficking task forces or coalitions.
(c-1) The attorney general shall annually evaluate the
input and participation of members appointed under Subsection
(c)(8) and, if necessary, appoint new members who will collaborate
and contribute to the task force.
(d) The task force shall:
(1) collaborate, as needed to fulfill the duties of
the task force, with:
(A) United States attorneys' offices for all of
the federal districts of Texas; and
(B) special agents or customs and border
protection officers and border patrol agents of:
(i) the Federal Bureau of Investigation;
(ii) the United States Drug Enforcement
Administration;
(iii) the Bureau of Alcohol, Tobacco,
Firearms and Explosives;
(iv) United States Immigration and Customs
Enforcement; or
(v) the United States Department of
Homeland Security;
(2) collect, organize, and periodically publish
statistical data on the nature and extent of human trafficking in
this state, including:
(A) the number of investigations concerning,
arrests and prosecutions for, and convictions of:
(i) the offense of trafficking of persons;
(ii) the offense of forgery or an offense
under Chapter 43, Penal Code, if the offense was committed as part
of a criminal episode involving the trafficking of persons; and
(iii) an offense punishable as a felony of
the second degree under Section 43.021, Penal Code, regardless of
whether the offense was committed as part of a criminal episode
involving the trafficking of persons;
(B) demographic information on persons who are
convicted of offenses described by Paragraph (A) and persons who
are the victims of those offenses;
(C) geographic routes by which human trafficking
victims are trafficked, including routes by which victims are
trafficked across this state's international border, and
geographic patterns in human trafficking, including the country or
state of origin and the country or state of destination;
(D) means of transportation and methods used by
persons who engage in trafficking to transport their victims; and
(E) social and economic factors that create a
demand for the labor or services that victims of human trafficking
are forced to provide [data described by Subdivisions (4)(A), (B),
(C), (D), and (E)];
(3) solicit cooperation and assistance from state and
local governmental agencies, political subdivisions of the state,
nongovernmental organizations, and other persons, as appropriate,
for the purpose of collecting and organizing statistical data under
Subdivision (2);
(4) [ensure that each state or local governmental
agency and political subdivision of the state and each state or
local law enforcement agency, district attorney, or county attorney
that assists in the prevention of human trafficking collects
statistical data related to human trafficking, including, as
appropriate:
[(A) the number of investigations concerning,
arrests and prosecutions for, and convictions of:
[(i) the offense of trafficking of persons;
[(ii) the offense of forgery or an offense
under Chapter 43, Penal Code, if the offense was committed as part
of a criminal episode involving the trafficking of persons; and
[(iii) an offense punishable as a felony of
the second degree under Section 43.021, Penal Code, regardless of
whether the offense was committed as part of a criminal episode
involving the trafficking of persons;
[(B) demographic information on persons who are
convicted of offenses described by Paragraph (A) and persons who
are the victims of those offenses;
[(C) geographic routes by which human
trafficking victims are trafficked, including routes by which
victims are trafficked across this state's international border,
and geographic patterns in human trafficking, including the country
or state of origin and the country or state of destination;
[(D) means of transportation and methods used by
persons who engage in trafficking to transport their victims; and
[(E) social and economic factors that create a
demand for the labor or services that victims of human trafficking
are forced to provide;]
[(5)] work with the Texas Commission on Law
Enforcement to develop and conduct training for law enforcement
personnel, victim service providers, and medical service providers
to identify victims of human trafficking;
(5) [(6)] work with the Texas Education Agency, the
Department of Family and Protective Services, and the Health and
Human Services Commission to:
(A) develop a list of key indicators that a
person is a victim of human trafficking;
(B) develop a standardized curriculum for
training doctors, nurses, emergency medical services personnel,
teachers, school counselors, school administrators, and personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission to identify and assist victims
of human trafficking;
(C) train doctors, nurses, emergency medical
services personnel, teachers, school counselors, school
administrators, and personnel from the Department of Family and
Protective Services and the Health and Human Services Commission to
identify and assist victims of human trafficking;
(D) develop and conduct training for personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission on methods for identifying
children in foster care who may be at risk of becoming victims of
human trafficking; and
(E) develop a process for referring identified
human trafficking victims and individuals at risk of becoming
victims to appropriate entities for services;
(6) [(7)] on the request of a judge of a county court,
county court at law, or district court or a county attorney,
district attorney, or criminal district attorney, assist and train
the judge or the judge's staff or the attorney or the attorney's
staff in the recognition and prevention of human trafficking;
(7) [(8)] examine training protocols related to human
trafficking issues, as developed and implemented by federal, state,
and local law enforcement agencies;
(8) [(9)] collaborate with state and local
governmental agencies, political subdivisions of the state, and
nongovernmental organizations to implement a media awareness
campaign in communities affected by human trafficking;
(9) [(10)] develop recommendations on how to
strengthen state and local efforts to prevent human trafficking,
protect and assist human trafficking victims, curb markets and
other economic avenues that facilitate human trafficking and
investigate and prosecute human trafficking offenders;
(10) [(11)] examine:
(A) the extent to which human trafficking is
associated with the operation of:
(i) sexually oriented businesses, as
defined by Section 243.002, Local Government Code; [,] and
(ii) massage establishments permitting
conduct described by Section 455.202(b)(4), Occupations Code; and
(B) the workplace or public health concerns that
are created by the association of human trafficking and the
operation of sexually oriented businesses and massage
establishments described by Paragraph (A);
(11) [(12)] develop recommendations for addressing
the demand for forced labor or services or sexual conduct involving
victims of human trafficking, including recommendations for
increased penalties for individuals who engage or attempt to engage
in solicitation of prostitution with victims younger than 18 years
of age; and
(12) [(13)] identify and report to the governor and
legislature on laws, licensure requirements, or other regulations
that can be passed at the state and local level to curb trafficking
using the Internet and in sexually oriented businesses and massage
establishments.
(f-1) The following state agencies shall designate an
individual who is authorized to coordinate the agency's resources
to strengthen state and local efforts to prevent human trafficking,
protect and assist human trafficking victims, and investigate and
prosecute human trafficking offenders:
(1) the Texas Alcoholic Beverage Commission;
(2) the Department of Family and Protective Services;
(3) the Department of Public Safety;
(4) the Department of State Health Services;
(5) the Health and Human Services Commission;
(6) the Texas Juvenile Justice Department;
(7) the Texas Education Agency;
(8) the Texas Department of Transportation;
(9) the office of the attorney general; and
(10) [(8)] the office of the governor.
SECTION 1.03. As soon as practicable after the effective
date of this Act, the Texas Education Agency and the Texas
Department of Transportation, as applicable, shall appoint
representatives and designate individuals as required by Sections
402.034(c) and 402.035(c) and (f-1), Government Code, as amended by
this article.
ARTICLE 2. TRAFFICKING OF PERSONS, SOLICITATION OF PROSTITUTION,
AND COMPELLING PROSTITUTION
SECTION 2.01. Section 20A.01, Penal Code, is amended by
adding Subdivision (1-b) to read as follows:
(1-b) "Disabled individual" has the meaning assigned by
Section 22.021(b).
SECTION 2.02. Sections 20A.02(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person knowingly:
(1) traffics another person with the intent that the
trafficked person engage in forced labor or services;
(2) receives a benefit from participating in a venture
that involves an activity described by Subdivision (1), including
by receiving labor or services the person knows are forced labor or
services;
(3) traffics another person and, through force, fraud,
or coercion, causes the trafficked person to engage in conduct
prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(B-1) Section 43.031 (Online Promotion of
Prostitution);
(C) Section 43.04 (Aggravated Promotion of
Prostitution);
(C-1) Section 43.041 (Aggravated Online
Promotion of Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
(4) receives a benefit from participating in a venture
that involves an activity described by Subdivision (3) or engages
in sexual conduct with a person trafficked in the manner described
in Subdivision (3);
(5) traffics a child or disabled individual with the
intent that the trafficked child or disabled individual engage in
forced labor or services;
(6) receives a benefit from participating in a venture
that involves an activity described by Subdivision (5), including
by receiving labor or services the person knows are forced labor or
services;
(7) traffics a child or disabled individual and by any
means causes the trafficked child or disabled individual to engage
in, or become the victim of, conduct prohibited by:
(A) Section 21.02 (Continuous Sexual Abuse of
Young Child or Disabled Individual);
(B) Section 21.11 (Indecency with a Child);
(C) Section 22.011 (Sexual Assault);
(D) Section 22.021 (Aggravated Sexual Assault);
(E) Section 43.02 (Prostitution);
(E-1) Section 43.021 (Solicitation of
Prostitution);
(F) Section 43.03 (Promotion of Prostitution);
(F-1) Section 43.031 (Online Promotion of
Prostitution);
(G) Section 43.04 (Aggravated Promotion of
Prostitution);
(G-1) Section 43.041 (Aggravated Online
Promotion of Prostitution);
(H) Section 43.05 (Compelling Prostitution);
(I) Section 43.25 (Sexual Performance by a
Child);
(J) Section 43.251 (Employment Harmful to
Children); or
(K) Section 43.26 (Possession or Promotion of
Child Pornography); or
(8) receives a benefit from participating in a venture
that involves an activity described by Subdivision (7) or engages
in sexual conduct with a child or disabled individual trafficked in
the manner described in Subdivision (7).
(b) Except as otherwise provided by this subsection and
Subsection (b-1), an offense under this section is a felony of the
second degree. An offense under this section is a felony of the
first degree if:
(1) the applicable conduct constitutes an offense
under Subsection (a)(5), (6), (7), or (8), regardless of whether
the actor knows the age of the child or whether the actor knows the
victim is disabled at the time of the offense;
(2) the commission of the offense results in serious
bodily injury to or the death of the person who is trafficked;
(3) the commission of the offense results in the death
of an unborn child of the person who is trafficked; or
(4) the actor:
(A) used or exhibited a deadly weapon during the
commission of the offense;
(B) intentionally, knowingly, or recklessly
impeded the normal breathing or circulation of the blood of the
trafficked person by applying pressure to the person's throat or
neck or by blocking the person's nose or mouth; or
(C) recruited, enticed, or obtained the
trafficked person [victim of the offense] from a shelter or
facility operating as a residential treatment center that serves
runaway youth, foster children, the homeless, or persons subjected
to human trafficking, domestic violence, or sexual assault.
SECTION 2.03. Section 43.021(b), Penal Code, is amended to
read as follows:
(b) An offense under Subsection (a) is a state jail felony,
except that the offense is:
(1) a felony of the third degree if the actor has
previously been convicted of an offense under Subsection (a) or
under Section 43.02(b), as that law existed before September 1,
2021; or
(2) a felony of the second degree if the person to
[with] whom the actor offers or agrees to pay the fee for the
purpose of engaging [to engage] in sexual conduct is:
(A) younger than 18 years of age, regardless of
whether the actor knows the age of the person at the time of the
offense;
(B) represented to the actor as being younger
than 18 years of age; or
(C) believed by the actor to be younger than 18
years of age.
SECTION 2.04. Section 43.02(c-2), Penal Code, as added by
Chapters 807 (H.B. 1540) and 1049 (S.B. 1831), Acts of the 87th
Legislature, Regular Session, 2021, is transferred to Section
43.021, Penal Code, redesignated as Section 43.021(b-1), Penal
Code, and amended to read as follows:
(b-1) [(c-2)] The punishment prescribed for an offense
under Subsection (a) [(b)] is increased to the punishment
prescribed for the next highest category of offense if it is shown
on the trial of the offense that the actor committed the offense in
a location that was:
(1) on the premises of or within 1,000 feet of the
premises of a school; or
(2) on premises or within 1,000 feet of premises
where:
(A) an official school function was taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League was taking place.
SECTION 2.05. Section 43.05(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person knowingly:
(1) causes another by force, threat, coercion, or
fraud to commit prostitution; [or]
(2) causes by any means a child younger than 18 years
to commit prostitution, regardless of whether the actor knows the
age of the child at the time of the offense; or
(3) causes by any means a disabled individual, as
defined by Section 22.021(b), to commit prostitution, regardless of
whether the actor knows the individual is disabled at the time of
the offense.
SECTION 2.06. Section 16.0045(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A person must bring suit for personal injury not later
than 30 years after the day the cause of action accrues if the
injury arises as a result of conduct that violates:
(1) Section 22.011(a)(2), Penal Code (sexual assault
of a child);
(2) Section 22.021(a)(1)(B), Penal Code (aggravated
sexual assault of a child);
(3) Section 21.02, Penal Code (continuous sexual abuse
of young child or disabled individual);
(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
Section 20A.02(a)(8), Penal Code, involving an activity described
by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
with a child or disabled individual trafficked in the manner
described by Section 20A.02(a)(7), Penal Code (certain sexual
trafficking [of a child]);
(5) Section 43.05(a)(2) or (3), Penal Code (compelling
prostitution by a child or disabled individual); or
(6) Section 21.11, Penal Code (indecency with a
child).
SECTION 2.07. Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense
biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sex offense
against five or more victims;
(D) continuous sexual abuse of young child or
disabled individual under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of an
accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under
Section 20A.03, Penal Code; or
(I) compelling prostitution under Section
43.05(a)(2) or (3), Penal Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which the public servant exercises control in the
public servant's official capacity;
(C) forgery or the uttering, using, or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1) or (7);
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) fraudulent securing of document execution;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) exploitation of a child, elderly individual,
or disabled individual under Section 32.53, Penal Code;
(I) health care fraud under Section 35A.02, Penal
Code; or
(J) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (6);
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to an elderly or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping under Section
20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually; or
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of
the offense:
(A) trafficking of a child [persons] under
Section 20A.02(a)(5) or (6), Penal Code;
(B) injury to a child under Section 22.04, Penal
Code; or
(C) bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed;
(7) ten years from the date the offense was
discovered: trafficking of a disabled individual under Section
20A.02(a)(5) or (6), Penal Code;
(8) two years from the date the offense was
discovered: sexual assault punishable as a state jail felony under
Section 22.011(f)(2), Penal Code; or
(9) [(8)] three years from the date of the commission
of the offense: all other felonies.
SECTION 2.08. Section 2(a), Article 38.37, Code of Criminal
Procedure, is amended to read as follows:
(a) Subsection (b) applies only to the trial of a defendant
for:
(1) an offense under any of the following provisions
of the Penal Code:
(A) Section 20A.02, if punishable as a felony of
the first degree under Section 20A.02(b)(1) (Labor or Sex
Trafficking of a Child or Disabled Individual);
(B) Section 21.02 (Continuous Sexual Abuse of
Young Child or Disabled Individual);
(C) Section 21.11 (Indecency With a Child);
(D) Section 22.011(a)(2) (Sexual Assault of a
Child);
(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
Sexual Assault of a Child);
(F) Section 33.021 (Online Solicitation of a
Minor);
(G) Section 43.25 (Sexual Performance by a
Child); or
(H) Section 43.26 (Possession or Promotion of
Child Pornography), Penal Code; or
(2) an attempt or conspiracy to commit an offense
described by Subdivision (1).
SECTION 2.09. Article 62.101(a), Code of Criminal
Procedure, is amended to read as follows:
(a) Except as provided by Subsection (b) and Subchapter I,
the duty to register for a person ends when the person dies if the
person has a reportable conviction or adjudication, other than an
adjudication of delinquent conduct, for:
(1) a sexually violent offense;
(2) an offense under Section 20A.02(a)(3), (4), (7),
or (8), 25.02, 43.05(a)(2) or (3), or 43.26, Penal Code;
(3) an offense under Section 20A.03, Penal Code, if
based partly or wholly on conduct that constitutes an offense under
Section 20A.02(a)(3), (4), (7), or (8) of that code;
(4) an offense under Section 21.11(a)(2), Penal Code,
if before or after the person is convicted or adjudicated for the
offense under Section 21.11(a)(2), Penal Code, the person receives
or has received another reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense or
conduct that requires registration under this chapter;
(5) an offense under Section 20.02, 20.03, or 20.04,
Penal Code, if:
(A) the judgment in the case contains an
affirmative finding under Article 42.015 or, for a deferred
adjudication, the papers in the case contain an affirmative finding
that the victim or intended victim was younger than 17 years of age;
and
(B) before or after the person is convicted or
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
Penal Code, the person receives or has received another reportable
conviction or adjudication, other than an adjudication of
delinquent conduct, for an offense or conduct that requires
registration under this chapter; or
(6) an offense under Section 43.23, Penal Code, that
is punishable under Subsection (h) of that section.
SECTION 2.10. Section 772.0062(a)(1), Government Code, is
amended to read as follows:
(1) "Child sex trafficking" means conduct
constituting an offense [prohibited] under Section 20A.02(a)(7) or
(8), Penal Code, that is committed against a child.
SECTION 2.11. The change in law made by this article applies
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 2.12. To the extent of any conflict, this article
prevails over another Act of the 88th Legislature, Regular Session,
2023, relating to nonsubstantive additions to and corrections in
enacted codes.
ARTICLE 3. ADMISSIBILITY OF CERTAIN HEARSAY STATEMENTS AND
EXTRANEOUS OFFENSES OR ACTS
SECTION 3.01. Section 1, Article 38.072, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. This article applies to a proceeding in the
prosecution of an offense under any of the following provisions of
the Penal Code, if committed against a child younger than 18 [14]
years of age or a person with a disability:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct);
(3) Section 43.25 (Sexual Performance by a Child);
(4) Section 43.05(a)(2) or (3) (Compelling
Prostitution);
(5) Section 20A.02(a)(5), (6), (7), [20A.02(a)(7)] or
(8) (Trafficking of Persons); [or]
(6) Section 20A.03 (Continuous Trafficking of
Persons), if based partly or wholly on conduct that constitutes an
offense under Section 20A.02(a)(5), (6), (7), or (8); or
(7) Section 15.01 (Criminal Attempt), if the offense
attempted is described by Subdivision (1), (2), (3), (4), [or] (5),
or (6) of this section.
SECTION 3.02. Section 1(a), Article 38.37, Code of Criminal
Procedure, is amended to read as follows:
(a) Subsection (b) applies to a proceeding in the
prosecution of a defendant for an offense, or an attempt or
conspiracy to commit an offense, under the following provisions of
the Penal Code:
(1) if committed against a child under 17 years of age:
(A) Chapter 21 (Sexual Offenses);
(B) Chapter 22 (Assaultive Offenses); or
(C) Section 25.02 (Prohibited Sexual Conduct);
or
(2) if committed against a person younger than 18
years of age:
(A) Section 43.25 (Sexual Performance by a
Child);
(B) Section 20A.02(a)(5), (6), (7),
[20A.02(a)(7)] or (8) (Trafficking of Persons); [or]
(C) Section 20A.03 (Continuous Trafficking of
Persons), if based partly or wholly on conduct that constitutes an
offense under Section 20A.02(a)(5), (6), (7), or (8); or
(D) Section 43.05(a)(2) (Compelling
Prostitution).
SECTION 3.03. The change in law made by this article applies
to the admissibility of evidence in a criminal proceeding that
commences on or after the effective date of this Act. The
admissibility of evidence in a criminal proceeding that commences
before the effective date of this Act is governed by the law in
effect on the date the proceeding commenced, and the former law is
continued in effect for that purpose.
ARTICLE 4. REQUIRED REPORTING CONCERNING INVESTIGATIONS OF HUMAN
TRAFFICKING OFFENSES
SECTION 4.01. Article 2.305, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.305. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING
CASES. (a) This article applies only to:
(1) a municipal police department, sheriff's
department, or constable's office [, county attorney's office,
district attorney's office, and criminal district attorney's
office, as applicable,] in a county with a population of more than
50,000; and
(2) the Department of Public Safety.
(b) An entity described by Subsection (a) that investigates
the alleged commission of an offense under Chapter 20A, Penal Code,
or the alleged commission of an offense under Chapter 43, Penal
Code, which may involve human trafficking, shall submit to the
attorney general [a report] in the manner and form prescribed by the
attorney general a report containing the following information:
(1) the offense being investigated, including the
offense code designated by the Department of Public Safety under
Article 66.052 [a brief description of the alleged prohibited
conduct];
(2) regarding each person suspected of committing the
offense [and each victim of the offense]:
(A) the person's:
(i) full name [age];
(ii) gender; [and]
(iii) race or ethnicity, as defined by
Article 2.132; [and]
(iv) country of origin, if the person is not
a United States citizen or legal permanent resident;
(v) date of birth; and
(vi) age at the time of the offense, if
available; and
(B) the case number associated with the person
and the offense [and the person suspected of committing the
offense];
(3) the date[, time,] and location of the alleged
offense, including the city and county;
(4) [the type of human trafficking involved,
including:
[(A) forced labor or services, as defined by
Section 20A.01, Penal Code;
[(B) causing the victim by force, fraud, or
coercion to engage in prohibited conduct involving one or more
sexual activities, including conduct described by Section
20A.02(a)(3), Penal Code; or
[(C) causing a child victim by any means to engage
in, or become the victim of, prohibited conduct involving one or
more sexual activities, including conduct described by Section
20A.02(a)(7), Penal Code;
[(5) if available, information regarding any victims'
service organization or program to which the victim was referred as
part of the investigation; and
[(6)] the disposition of the investigation, if any,
regardless of the manner of disposition; and
(5) regarding the victim of the offense:
(A) the victim's:
(i) age;
(ii) gender;
(iii) race or ethnicity, as defined by
Article 2.132; and
(iv) country of origin, if the victim is not
a United States citizen or legal permanent resident; and
(B) if available, information regarding any
victims' service organization or program to which the victim was
referred as part of the investigation.
(c) An entity described by Subsection (a) that does not have
any investigations or offenses required to be reported under this
article during a period specified by the attorney general shall
submit to the attorney general a notice stating there are no cases
to report, in the manner and form prescribed by the attorney general
[An attorney representing the state who prosecutes the alleged
commission of an offense under Chapter 20A, Penal Code, or the
alleged commission of an offense under Chapter 43, Penal Code,
which may involve human trafficking, shall submit to the attorney
general the following information:
[(1) the offense being prosecuted, including a brief
description of the alleged prohibited conduct;
[(2) any other charged offense that is part of the same
criminal episode out of which the offense described by Subdivision
(1) arose;
[(3) the information described by Subsections (b)(2),
(3), (4), and (5); and
[(4) the disposition of the prosecution, regardless of
the manner of disposition].
(d) The attorney general may enter into a contract with a
university or organization to assist with [that provides for the
university's assistance in] the collection and analysis of
information received under this article. The attorney general shall
ensure that all sensitive information is properly protected.
(e) Information described by Subsections (b)(2)(A)(i) and
(v) and (b)(2)(B) is not subject to disclosure under Chapter 552,
Government Code.
(f) In consultation with the entities described by
Subsection (a), the attorney general shall adopt rules to
administer this article, including rules prescribing:
(1) the form and manner of submission of a report or
notice required by Subsection (b) or (c); and
(2) additional information to include in a report or
notice required by Subsection (b) or (c).
SECTION 4.02. As soon as practicable after the effective
date of this Act, the attorney general shall update forms and
procedures as necessary to implement Article 2.305, Code of
Criminal Procedure, as amended by this article.
ARTICLE 5. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION
CERTIFICATES ISSUED TO CERTAIN SEX OFFENDERS
SECTION 5.01. Article 42.016, Code of Criminal Procedure,
is amended to read as follows:
Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
of, receives a grant of deferred adjudication for, or is
adjudicated as having engaged in delinquent conduct based on a
violation of an offense for which a conviction or adjudication
requires registration as a sex offender under Chapter 62, the court
shall:
(1) issue an order requiring the Texas Department of
Public Safety to include in any driver's license record or personal
identification certificate record maintained by the department for
the person:
(A) an indication that the person is subject to
the registration requirements of Chapter 62; and
(B) if applicable, an indication that the person
is subject to registration because the person was convicted of an
offense involving human trafficking under Chapter 20A, Penal Code;
(2) require the person to apply to the Texas
Department of Public Safety in person for an original or renewal
driver's license or personal identification certificate not later
than the 30th day after the date the person is released or the date
the department sends written notice to the person of the
requirements of Article 62.060, as applicable, and to annually
renew the license or certificate;
(3) notify the person of the consequence of the
conviction or order of deferred adjudication as it relates to the
order issued under this article; and
(4) send to the Texas Department of Public Safety a
copy of the record of conviction, a copy of the order granting
deferred adjudication, or a copy of the juvenile adjudication, as
applicable, and a copy of the order issued under this article.
SECTION 5.02. Section 521.057(a), Transportation Code, is
amended to read as follows:
(a) On receipt of a court order issued under Article 42.016,
Code of Criminal Procedure, the department shall ensure that any
driver's license record or personal identification certificate
record maintained by the department for the person includes an
indication that the person:
(1) is subject to the registration requirements of
Chapter 62, Code of Criminal Procedure; and
(2) if applicable, is subject to registration because
the person was convicted of an offense involving human trafficking
under Chapter 20A, Penal Code.
SECTION 5.03. The changes in law made by this article apply
only to a driver's license or personal identification certificate
issued or renewed on or after the effective date of this Act. A
driver's license or personal identification certificate issued or
renewed before the effective date of this Act is governed by the law
in effect when the license or certificate was issued or renewed, and
the former law is continued in effect for that purpose.
ARTICLE 6. CHILD GROOMING AND POSSESSION OF CHILD PORNOGRAPHY
SECTION 6.01. Chapter 15, Penal Code, is amended by adding
Section 15.032 to read as follows:
Sec. 15.032. CHILD GROOMING. (a) A person commits an
offense if, with the intent that an offense under Chapter 43 or an
offense involving sexual activity, the occurrence of which would
subject the actor to criminal liability under Chapter 20A, 21, or
22, be committed, the person knowingly persuades, induces, entices,
or coerces, or attempts to persuade, induce, entice, or coerce, a
child younger than 18 years of age to engage in specific conduct
that, under the circumstances surrounding the actor's conduct as
the actor believes them to be, would:
(1) constitute an offense under Chapter 43 or an
offense involving sexual activity the occurrence of which would
subject the actor to criminal liability under Chapter 20A, 21, or
22; or
(2) make the child a party to the commission of an
offense described by Subdivision (1).
(b) An offense under this section is a felony of the third
degree, except that the offense is a felony of the second degree if
the actor has previously been convicted of an offense under:
(1) Chapter 20A, if the offense involved conduct
described by Section 20A.02(a)(7) or (8);
(2) Section 21.02;
(3) Section 21.11;
(4) Section 22.011, if the victim of the offense was a
child under 18 years of age; or
(5) Section 22.021, if the victim of the offense was a
child under 18 years of age.
(c) It is an affirmative defense to prosecution under this
section that the actor is under the age of 18 and:
(1) the actor engaged in conduct described by
Subsection (a) with respect to another child under the age of 18:
(A) who is not more than three years older or
younger than the actor and with whom the actor had a dating
relationship at the time of the offense; or
(B) who was the spouse of the actor at the time of
the offense; and
(2) the conduct occurred only between the actor and
the other child described by Subdivision (1).
(d) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section but not both sections.
SECTION 6.02. Section 43.26, Penal Code, is amended by
amending Subsections (c) and (d) and adding Subsections (d-1) and
(d-2) to read as follows:
(c) The affirmative defenses provided by Sections
43.25(f)(2) and (3) [Section 43.25(f)] also apply to a prosecution
under this section.
(d) An offense under Subsection (a) is a felony of the third
degree, except that the offense is:
(1) a felony of the second degree if:
(A) it is shown on the trial of the offense that
the person has been previously convicted one time of an offense
under that subsection; or
(B) the person possesses visual material that
contains 10 or more visual depictions of a child as described by
Subsection (a)(1) but fewer than 50 such depictions; and
(2) a felony of the first degree if:
(A) it is shown on the trial of the offense that
the person has been previously convicted two or more times of an
offense under that subsection; or
(B) the person possesses visual material that
contains:
(i) 50 or more visual depictions of a child
as described by Subsection (a)(1); or
(ii) a videotape or film that visually
depicts conduct constituting an offense under Section
22.011(a)(2).
(d-1) If it is shown on the trial of an offense under
Subsection (a) that the person engaged in conduct that constituted
an offense under Subsection (e) during the same criminal episode:
(1) an offense described for purposes of punishment by
Subsection (d)(1) is a felony of the first degree; or
(2) the minimum term of confinement for an offense
described for purposes of punishment by Subsection (d)(2) is
increased to 15 years.
(d-2) The enhancement provided by Subsection (d-1) is
unavailable if the person is also prosecuted under Subsection (e)
for conduct occurring during the same criminal episode.
SECTION 6.03. Section 43.26(f), Penal Code, is repealed.
SECTION 6.04. The change in law made by this article applies
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. This Act takes effect September 1, 2023.