H.B. No. 3554
AN ACT
relating to increasing the criminal penalty for the offense of
trafficking of persons if committed at certain locations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 20A.02(b) and (b-1), Penal Code, are
amended to read as follows:
(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 at the time of the offense;
(2) the commission of the offense results in the death
of the person who is trafficked; or
(3) the commission of the offense results in the death
of an unborn child of the person who is trafficked[; or
[(4) the actor recruited, enticed, or obtained the
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].
(b-1) An offense under this section is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for a term of not more than 99 years or
less than 25 years 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) a school;
(B) a juvenile detention facility;
(C) a post-adjudication secure correctional
facility;
(D) a shelter or facility operating as a
residential treatment center that serves runaway youth, foster
children, people who are homeless, or persons subjected to human
trafficking, domestic violence, or sexual assault;
(E) a community center offering youth services
and programs; or
(F) a child-care facility, as defined by Section
42.002, Human Resources Code; 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. The change in law made by this Act 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 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3554 was passed by the House on May 4,
2023, by the following vote: Yeas 145, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3554 was passed by the Senate on May
18, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor