Texas 2023 - 88th Regular

Texas Senate Bill SB1527 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1527
2	2
3	3
4	4	AN ACT
5	5	relating to human trafficking, including the prosecution and
6	6	punishment of compelling and solicitation of prostitution and other
7	7	sexual or assaultive offenses; increasing a criminal penalty;
8	8	creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. HUMAN TRAFFICKING PREVENTION COORDINATING COUNCIL AND
11	11	HUMAN TRAFFICKING PREVENTION TASK FORCE
12	12	SECTION 1.01. Sections 402.034(c), (f), and (g), Government
13	13	Code, are amended to read as follows:
14	14	(c) The council is composed of the following:
15	15	(1) the governor or the governor's designee;
16	16	(2) the attorney general or the attorney general's
17	17	designee;
18	18	(3) the commissioner of the Department of Family and
19	19	Protective Services or the commissioner's designee;
20	20	(4) the public safety director of the Department of
21	21	Public Safety or the director's designee;
22	22	(5) one representative from each of the following
23	23	state agencies, appointed by the chief administrative officer of
24	24	the respective agency:
25	25	(A) the Texas Workforce Commission;
26	26	(B) the Texas Alcoholic Beverage Commission;
27	27	(C) the Parks and Wildlife Department; [and]
28	28	(D) the Texas Department of Licensing and
29	29	Regulation;
30	30	(E) the Texas Education Agency; and
31	31	(F) the Texas Department of Transportation; and
32	32	(6) one representative of any other state agency
33	33	appointed by the chief administrative officer of the agency, if the
34	34	[human trafficking prevention task force established under Section
35	35	402.035 and the] council determines [determine] that a
36	36	representative from the state agency is a necessary member of the
37	37	council.
38	38	(f) The strategic plan must include:
39	39	(1) an inventory of human trafficking prevention
40	40	programs and services in this state that are administered by state
41	41	agencies, including an institution [institutions] of higher
42	42	education as defined by Section 61.003, Education Code, or a
43	43	private college or university that receives state funds[, and
44	44	political subdivisions];
45	45	(2) regarding the programs and services described by
46	46	Subdivision (1):
47	47	(A) a report on the number of persons served by
48	48	the programs and services; and
49	49	(B) a plan to coordinate the programs and
50	50	services to achieve the following goals:
51	51	(i) eliminate redundancy;
52	52	(ii) ensure the agencies' use of best
53	53	practices in preventing human trafficking; and
54	54	(iii) identify and collect data regarding
55	55	the efficacy of the programs and services; and
56	56	(3) in relation to the goals for programs and services
57	57	as described by Subdivision (2)(B), a plan to coordinate the
58	58	expenditure of state funds allocated to prevent human trafficking
59	59	in this state, including the expenditure of state funds by the human
60	60	trafficking prevention task force established under Section
61	61	402.035.
62	62	(g) Not later than December 1 of each even-numbered year,
63	63	the council shall submit to the legislature a report detailing the
64	64	progress of the strategic plan's implementation. The report must
65	65	include:
66	66	(1) a description of the level of participation in the
67	67	strategic plan by each agency represented on the council and how the
68	68	implementation of the strategic plan serves to coordinate the
69	69	programs and services described by Subsection (f)(1) and achieve
70	70	the goals described by Subsection (f)(2)(B); and
71	71	(2) an update of the inventory of programs and
72	72	services described by Subsection (f)(1) that further [and how each
73	73	program or service furthers] the goals of the strategic plan.
74	74	SECTION 1.02. Section 402.035, Government Code, is amended
75	75	by amending Subsections (c), (d), and (f-1) and adding Subsection
76	76	(c-1) to read as follows:
77	77	(c) The task force is composed of the following:
78	78	(1) the governor or the governor's designee;
79	79	(2) the attorney general or the attorney general's
80	80	designee;
81	81	(3) the executive commissioner of the Health and Human
82	82	Services Commission or the executive commissioner's designee;
83	83	(4) the commissioner of the Department of Family and
84	84	Protective Services or the commissioner's designee;
85	85	(5) the commissioner of the Department of State Health
86	86	Services or the commissioner's designee;
87	87	(6) the public safety director of the Department of
88	88	Public Safety or the director's designee;
89	89	(7) one representative from each of the following
90	90	state agencies, appointed by the chief administrative officer of
91	91	the respective agency:
92	92	(A) the Texas Workforce Commission;
93	93	(B) the Texas Department of Criminal Justice;
94	94	(C) the Texas Juvenile Justice Department;
95	95	(D) the Texas Education Agency;
96	96	(E) the Texas Alcoholic Beverage Commission;
97	97	(F) the Parks and Wildlife Department;
98	98	(G) the Supreme Court of Texas Permanent Judicial
99	99	Commission for Children, Youth and Families;
100	100	(H) the Texas Department of Licensing and
101	101	Regulation;
102	102	(I) the Office of Court Administration of the
103	103	Texas Judicial System;
104	104	(J) the office of the secretary of state; [and]
105	105	(K) the Texas Commission on Law Enforcement; and
106	106	(L) the Texas Department of Transportation; and
107	107	(8) as appointed by the attorney general:
108	108	(A) a chief public defender employed by a public
109	109	defender's office, as defined by Article 26.044(a), Code of
110	110	Criminal Procedure, or an attorney designated by the chief public
111	111	defender;
112	112	(B) an attorney representing the state;
113	113	(C) a representative of:
114	114	(i) a hotel and motel association;
115	115	(ii) a district and county attorneys
116	116	association;
117	117	(iii) a state police association; and
118	118	(iv) a statewide medical association;
119	119	(D) a representative [representatives] of a
120	120	sheriff's department [departments];
121	121	(E) a representative [representatives] of a
122	122	local law enforcement agency [agencies] affected by human
123	123	trafficking; [and]
124	124	(F) a representative [representatives] of a
125	125	nongovernmental entity [entities] making comprehensive efforts to
126	126	combat human trafficking by:
127	127	(i) identifying human trafficking victims;
128	128	(ii) providing legal or other services to
129	129	human trafficking victims;
130	130	(iii) participating in community outreach
131	131	or public awareness efforts regarding human trafficking;
132	132	(iv) providing or developing training
133	133	regarding the prevention of human trafficking; and [or]
134	134	(v) engaging in other activities designed
135	135	to prevent human trafficking; and
136	136	(G) representatives of regional human
137	137	trafficking task forces or coalitions.
138	138	(c-1) The attorney general shall annually evaluate the
139	139	input and participation of members appointed under Subsection
140	140	(c)(8) and, if necessary, appoint new members who will collaborate
141	141	and contribute to the task force.
142	142	(d) The task force shall:
143	143	(1) collaborate, as needed to fulfill the duties of
144	144	the task force, with:
145	145	(A) United States attorneys' offices for all of
146	146	the federal districts of Texas; and
147	147	(B) special agents or customs and border
148	148	protection officers and border patrol agents of:
149	149	(i) the Federal Bureau of Investigation;
150	150	(ii) the United States Drug Enforcement
151	151	Administration;
152	152	(iii) the Bureau of Alcohol, Tobacco,
153	153	Firearms and Explosives;
154	154	(iv) United States Immigration and Customs
155	155	Enforcement; or
156	156	(v) the United States Department of
157	157	Homeland Security;
158	158	(2) collect, organize, and periodically publish
159	159	statistical data on the nature and extent of human trafficking in
160	160	this state, including:
161	161	(A) the number of investigations concerning,
162	162	arrests and prosecutions for, and convictions of:
163	163	(i) the offense of trafficking of persons;
164	164	(ii) the offense of forgery or an offense
165	165	under Chapter 43, Penal Code, if the offense was committed as part
166	166	of a criminal episode involving the trafficking of persons; and
167	167	(iii) an offense punishable as a felony of
168	168	the second degree under Section 43.021, Penal Code, regardless of
169	169	whether the offense was committed as part of a criminal episode
170	170	involving the trafficking of persons;
171	171	(B) demographic information on persons who are
172	172	convicted of offenses described by Paragraph (A) and persons who
173	173	are the victims of those offenses;
174	174	(C) geographic routes by which human trafficking
175	175	victims are trafficked, including routes by which victims are
176	176	trafficked across this state's international border, and
177	177	geographic patterns in human trafficking, including the country or
178	178	state of origin and the country or state of destination;
179	179	(D) means of transportation and methods used by
180	180	persons who engage in trafficking to transport their victims; and
181	181	(E) social and economic factors that create a
182	182	demand for the labor or services that victims of human trafficking
183	183	are forced to provide [data described by Subdivisions (4)(A), (B),
184	184	(C), (D), and (E)];
185	185	(3) solicit cooperation and assistance from state and
186	186	local governmental agencies, political subdivisions of the state,
187	187	nongovernmental organizations, and other persons, as appropriate,
188	188	for the purpose of collecting and organizing statistical data under
189	189	Subdivision (2);
190	190	(4) [ensure that each state or local governmental
191	191	agency and political subdivision of the state and each state or
192	192	local law enforcement agency, district attorney, or county attorney
193	193	that assists in the prevention of human trafficking collects
194	194	statistical data related to human trafficking, including, as
195	195	appropriate:
196	196	[(A) the number of investigations concerning,
197	197	arrests and prosecutions for, and convictions of:
198	198	[(i) the offense of trafficking of persons;
199	199	[(ii) the offense of forgery or an offense
200	200	under Chapter 43, Penal Code, if the offense was committed as part
201	201	of a criminal episode involving the trafficking of persons; and
202	202	[(iii) an offense punishable as a felony of
203	203	the second degree under Section 43.021, Penal Code, regardless of
204	204	whether the offense was committed as part of a criminal episode
205	205	involving the trafficking of persons;
206	206	[(B) demographic information on persons who are
207	207	convicted of offenses described by Paragraph (A) and persons who
208	208	are the victims of those offenses;
209	209	[(C) geographic routes by which human
210	210	trafficking victims are trafficked, including routes by which
211	211	victims are trafficked across this state's international border,
212	212	and geographic patterns in human trafficking, including the country
213	213	or state of origin and the country or state of destination;
214	214	[(D) means of transportation and methods used by
215	215	persons who engage in trafficking to transport their victims; and
216	216	[(E) social and economic factors that create a
217	217	demand for the labor or services that victims of human trafficking
218	218	are forced to provide;
219	219	[(5)] work with the Texas Commission on Law
220	220	Enforcement to develop and conduct training for law enforcement
221	221	personnel, victim service providers, and medical service providers
222	222	to identify victims of human trafficking;
223	223	(5) [(6)] work with the Texas Education Agency, the
224	224	Department of Family and Protective Services, and the Health and
225	225	Human Services Commission to:
226	226	(A) develop a list of key indicators that a
227	227	person is a victim of human trafficking;
228	228	(B) develop a standardized curriculum for
229	229	training doctors, nurses, emergency medical services personnel,
230	230	teachers, school counselors, school administrators, and personnel
231	231	from the Department of Family and Protective Services and the
232	232	Health and Human Services Commission to identify and assist victims
233	233	of human trafficking;
234	234	(C) train doctors, nurses, emergency medical
235	235	services personnel, teachers, school counselors, school
236	236	administrators, and personnel from the Department of Family and
237	237	Protective Services and the Health and Human Services Commission to
238	238	identify and assist victims of human trafficking;
239	239	(D) develop and conduct training for personnel
240	240	from the Department of Family and Protective Services and the
241	241	Health and Human Services Commission on methods for identifying
242	242	children in foster care who may be at risk of becoming victims of
243	243	human trafficking; and
244	244	(E) develop a process for referring identified
245	245	human trafficking victims and individuals at risk of becoming
246	246	victims to appropriate entities for services;
247	247	(6) [(7)] on the request of a judge of a county court,
248	248	county court at law, or district court or a county attorney,
249	249	district attorney, or criminal district attorney, assist and train
250	250	the judge or the judge's staff or the attorney or the attorney's
251	251	staff in the recognition and prevention of human trafficking;
252	252	(7) [(8)] examine training protocols related to human
253	253	trafficking issues, as developed and implemented by federal, state,
254	254	and local law enforcement agencies;
255	255	(8) [(9)] collaborate with state and local
256	256	governmental agencies, political subdivisions of the state, and
257	257	nongovernmental organizations to implement a media awareness
258	258	campaign in communities affected by human trafficking;
259	259	(9) [(10)] develop recommendations on how to
260	260	strengthen state and local efforts to prevent human trafficking,
261	261	protect and assist human trafficking victims, curb markets and
262	262	other economic avenues that facilitate human trafficking and
263	263	investigate and prosecute human trafficking offenders;
264	264	(10) [(11)] examine:
265	265	(A) the extent to which human trafficking is
266	266	associated with the operation of:
267	267	(i) sexually oriented businesses, as
268	268	defined by Section 243.002, Local Government Code;[,] and
269	269	(ii) massage establishments permitting
270	270	conduct described by Section 455.202(b)(4), Occupations Code; and
271	271	(B) the workplace or public health concerns that
272	272	are created by the association of human trafficking and the
273	273	operation of sexually oriented businesses and massage
274	274	establishments described by Paragraph (A);
275	275	(11) [(12)] develop recommendations for addressing
276	276	the demand for forced labor or services or sexual conduct involving
277	277	victims of human trafficking, including recommendations for
278	278	increased penalties for individuals who engage or attempt to engage
279	279	in solicitation of prostitution with victims younger than 18 years
280	280	of age; and
281	281	(12) [(13)] identify and report to the governor and
282	282	legislature on laws, licensure requirements, or other regulations
283	283	that can be passed at the state and local level to curb trafficking
284	284	using the Internet and in sexually oriented businesses and massage
285	285	establishments.
286	286	(f-1) The following state agencies shall designate an
287	287	individual who is authorized to coordinate the agency's resources
288	288	to strengthen state and local efforts to prevent human trafficking,
289	289	protect and assist human trafficking victims, and investigate and
290	290	prosecute human trafficking offenders:
291	291	(1) the Texas Alcoholic Beverage Commission;
292	292	(2) the Department of Family and Protective Services;
293	293	(3) the Department of Public Safety;
294	294	(4) the Department of State Health Services;
295	295	(5) the Health and Human Services Commission;
296	296	(6) the Texas Juvenile Justice Department;
297	297	(7) the Texas Education Agency;
298	298	(8) the Texas Department of Transportation;
299	299	(9) the office of the attorney general; and
300	300	(10) [(8)] the office of the governor.
301	301	SECTION 1.03. As soon as practicable after the effective
302	302	date of this Act, the Texas Education Agency and the Texas
303	303	Department of Transportation, as applicable, shall appoint
304	304	representatives and designate individuals as required by Sections
305	305	402.034(c) and 402.035(c) and (f-1), Government Code, as amended by
306	306	this article.
307	307	ARTICLE 2. TRAFFICKING OF PERSONS, SOLICITATION OF PROSTITUTION,
308	308	AND COMPELLING PROSTITUTION
309	309	SECTION 2.01. Section 20A.01, Penal Code, is amended by
310	310	adding Subdivision (1-b) to read as follows:
311	311	(1-b) "Disabled individual" has the meaning assigned by
312	312	Section 22.021(b).
313	313	SECTION 2.02. Sections 20A.02(a) and (b), Penal Code, are
314	314	amended to read as follows:
315	315	(a) A person commits an offense if the person knowingly:
316	316	(1) traffics another person with the intent that the
317	317	trafficked person engage in forced labor or services;
318	318	(2) receives a benefit from participating in a venture
319	319	that involves an activity described by Subdivision (1), including
320	320	by receiving labor or services the person knows are forced labor or
321	321	services;
322	322	(3) traffics another person and, through force, fraud,
323	323	or coercion, causes the trafficked person to engage in conduct
324	324	prohibited by:
325	325	(A) Section 43.02 (Prostitution);
326	326	(B) Section 43.03 (Promotion of Prostitution);
327	327	(B-1) Section 43.031 (Online Promotion of
328	328	Prostitution);
329	329	(C) Section 43.04 (Aggravated Promotion of
330	330	Prostitution);
331	331	(C-1) Section 43.041 (Aggravated Online
332	332	Promotion of Prostitution); or
333	333	(D) Section 43.05 (Compelling Prostitution);
334	334	(4) receives a benefit from participating in a venture
335	335	that involves an activity described by Subdivision (3) or engages
336	336	in sexual conduct with a person trafficked in the manner described
337	337	in Subdivision (3);
338	338	(5) traffics a child or disabled individual with the
339	339	intent that the trafficked child or disabled individual engage in
340	340	forced labor or services;
341	341	(6) receives a benefit from participating in a venture
342	342	that involves an activity described by Subdivision (5), including
343	343	by receiving labor or services the person knows are forced labor or
344	344	services;
345	345	(7) traffics a child or disabled individual and by any
346	346	means causes the trafficked child or disabled individual to engage
347	347	in, or become the victim of, conduct prohibited by:
348	348	(A) Section 21.02 (Continuous Sexual Abuse of
349	349	Young Child or Disabled Individual);
350	350	(B) Section 21.11 (Indecency with a Child);
351	351	(C) Section 22.011 (Sexual Assault);
352	352	(D) Section 22.021 (Aggravated Sexual Assault);
353	353	(E) Section 43.02 (Prostitution);
354	354	(E-1) Section 43.021 (Solicitation of
355	355	Prostitution);
356	356	(F) Section 43.03 (Promotion of Prostitution);
357	357	(F-1) Section 43.031 (Online Promotion of
358	358	Prostitution);
359	359	(G) Section 43.04 (Aggravated Promotion of
360	360	Prostitution);
361	361	(G-1) Section 43.041 (Aggravated Online
362	362	Promotion of Prostitution);
363	363	(H) Section 43.05 (Compelling Prostitution);
364	364	(I) Section 43.25 (Sexual Performance by a
365	365	Child);
366	366	(J) Section 43.251 (Employment Harmful to
367	367	Children); or
368	368	(K) Section 43.26 (Possession or Promotion of
369	369	Child Pornography); or
370	370	(8) receives a benefit from participating in a venture
371	371	that involves an activity described by Subdivision (7) or engages
372	372	in sexual conduct with a child or disabled individual trafficked in
373	373	the manner described in Subdivision (7).
374	374	(b) Except as otherwise provided by this subsection and
375	375	Subsection (b-1), an offense under this section is a felony of the
376	376	second degree. An offense under this section is a felony of the
377	377	first degree if:
378	378	(1) the applicable conduct constitutes an offense
379	379	under Subsection (a)(5), (6), (7), or (8), regardless of whether
380	380	the actor knows the age of the child or whether the actor knows the
381	381	victim is disabled at the time of the offense;
382	382	(2) the commission of the offense results in serious
383	383	bodily injury to or the death of the person who is trafficked;
384	384	(3) the commission of the offense results in the death
385	385	of an unborn child of the person who is trafficked; or
386	386	(4) the actor:
387	387	(A) used or exhibited a deadly weapon during the
388	388	commission of the offense;
389	389	(B) intentionally, knowingly, or recklessly
390	390	impeded the normal breathing or circulation of the blood of the
391	391	trafficked person by applying pressure to the person's throat or
392	392	neck or by blocking the person's nose or mouth; or
393	393	(C) recruited, enticed, or obtained the
394	394	trafficked person [victim of the offense] from a shelter or
395	395	facility operating as a residential treatment center that serves
396	396	runaway youth, foster children, the homeless, or persons subjected
397	397	to human trafficking, domestic violence, or sexual assault.
398	398	SECTION 2.03. Section 43.021(b), Penal Code, is amended to
399	399	read as follows:
400	400	(b) An offense under Subsection (a) is a state jail felony,
401	401	except that the offense is:
402	402	(1) a felony of the third degree if the actor has
403	403	previously been convicted of an offense under Subsection (a) or
404	404	under Section 43.02(b), as that law existed before September 1,
405	405	2021; or
406	406	(2) a felony of the second degree if the person to
407	407	[with] whom the actor offers or agrees to pay the fee for the
408	408	purpose of engaging [to engage] in sexual conduct is:
409	409	(A) younger than 18 years of age, regardless of
410	410	whether the actor knows the age of the person at the time of the
411	411	offense;
412	412	(B) represented to the actor as being younger
413	413	than 18 years of age; or
414	414	(C) believed by the actor to be younger than 18
415	415	years of age.
416	416	SECTION 2.04. Section 43.02(c-2), Penal Code, as added by
417	417	Chapters 807 (H.B. 1540) and 1049 (S.B. 1831), Acts of the 87th
418	418	Legislature, Regular Session, 2021, is transferred to Section
419	419	43.021, Penal Code, redesignated as Section 43.021(b-1), Penal
420	420	Code, and amended to read as follows:
421	421	(b-1) [(c-2)] The punishment prescribed for an offense
422	422	under Subsection (a) [(b)] is increased to the punishment
423	423	prescribed for the next highest category of offense if it is shown
424	424	on the trial of the offense that the actor committed the offense in
425	425	a location that was:
426	426	(1) on the premises of or within 1,000 feet of the
427	427	premises of a school; or
428	428	(2) on premises or within 1,000 feet of premises
429	429	where:
430	430	(A) an official school function was taking place;
431	431	or
432	432	(B) an event sponsored or sanctioned by the
433	433	University Interscholastic League was taking place.
434	434	SECTION 2.05. Section 43.05(a), Penal Code, is amended to
435	435	read as follows:
436	436	(a) A person commits an offense if the person knowingly:
437	437	(1) causes another by force, threat, coercion, or
438	438	fraud to commit prostitution; [or]
439	439	(2) causes by any means a child younger than 18 years
440	440	to commit prostitution, regardless of whether the actor knows the
441	441	age of the child at the time of the offense; or
442	442	(3) causes by any means a disabled individual, as
443	443	defined by Section 22.021(b), to commit prostitution, regardless of
444	444	whether the actor knows the individual is disabled at the time of
445	445	the offense.
446	446	SECTION 2.06. Section 16.0045(a), Civil Practice and
447	447	Remedies Code, is amended to read as follows:
448	448	(a) A person must bring suit for personal injury not later
449	449	than 30 years after the day the cause of action accrues if the
450	450	injury arises as a result of conduct that violates:
451	451	(1) Section 22.011(a)(2), Penal Code (sexual assault
452	452	of a child);
453	453	(2) Section 22.021(a)(1)(B), Penal Code (aggravated
454	454	sexual assault of a child);
455	455	(3) Section 21.02, Penal Code (continuous sexual abuse
456	456	of young child or disabled individual);
457	457	(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or
458	458	Section 20A.02(a)(8), Penal Code, involving an activity described
459	459	by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct
460	460	with a child or disabled individual trafficked in the manner
461	461	described by Section 20A.02(a)(7), Penal Code (certain sexual
462	462	trafficking [of a child]);
463	463	(5) Section 43.05(a)(2) or (3), Penal Code (compelling
464	464	prostitution by a child or disabled individual); or
465	465	(6) Section 21.11, Penal Code (indecency with a
466	466	child).
467	467	SECTION 2.07. Article 12.01, Code of Criminal Procedure, is
468	468	amended to read as follows:
469	469	Art. 12.01. FELONIES. Except as provided in Article 12.03,
470	470	felony indictments may be presented within these limits, and not
471	471	afterward:
472	472	(1) no limitation:
473	473	(A) murder and manslaughter;
474	474	(B) sexual assault under Section 22.011(a)(2),
475	475	Penal Code, or aggravated sexual assault under Section
476	476	22.021(a)(1)(B), Penal Code;
477	477	(C) sexual assault, if:
478	478	(i) during the investigation of the offense
479	479	biological matter is collected and the matter:
480	480	(a) has not yet been subjected to
481	481	forensic DNA testing; or
482	482	(b) has been subjected to forensic DNA
483	483	testing and the testing results show that the matter does not match
484	484	the victim or any other person whose identity is readily
485	485	ascertained; or
486	486	(ii) probable cause exists to believe that
487	487	the defendant has committed the same or a similar sex offense
488	488	against five or more victims;
489	489	(D) continuous sexual abuse of young child or
490	490	disabled individual under Section 21.02, Penal Code;
491	491	(E) indecency with a child under Section 21.11,
492	492	Penal Code;
493	493	(F) an offense involving leaving the scene of an
494	494	accident under Section 550.021, Transportation Code, if the
495	495	accident resulted in the death of a person;
496	496	(G) trafficking of persons under Section
497	497	20A.02(a)(7) or (8), Penal Code;
498	498	(H) continuous trafficking of persons under
499	499	Section 20A.03, Penal Code; or
500	500	(I) compelling prostitution under Section
501	501	43.05(a)(2) or (3), Penal Code;
502	502	(2) ten years from the date of the commission of the
503	503	offense:
504	504	(A) theft of any estate, real, personal or mixed,
505	505	by an executor, administrator, guardian or trustee, with intent to
506	506	defraud any creditor, heir, legatee, ward, distributee,
507	507	beneficiary or settlor of a trust interested in such estate;
508	508	(B) theft by a public servant of government
509	509	property over which the public servant exercises control in the
510	510	public servant's official capacity;
511	511	(C) forgery or the uttering, using, or passing of
512	512	forged instruments;
513	513	(D) injury to an elderly or disabled individual
514	514	punishable as a felony of the first degree under Section 22.04,
515	515	Penal Code;
516	516	(E) sexual assault, except as provided by
517	517	Subdivision (1) or (7);
518	518	(F) arson;
519	519	(G) trafficking of persons under Section
520	520	20A.02(a)(1), (2), (3), or (4), Penal Code; or
521	521	(H) compelling prostitution under Section
522	522	43.05(a)(1), Penal Code;
523	523	(3) seven years from the date of the commission of the
524	524	offense:
525	525	(A) misapplication of fiduciary property or
526	526	property of a financial institution;
527	527	(B) fraudulent securing of document execution;
528	528	(C) a felony violation under Chapter 162, Tax
529	529	Code;
530	530	(D) false statement to obtain property or credit
531	531	under Section 32.32, Penal Code;
532	532	(E) money laundering;
533	533	(F) credit card or debit card abuse under Section
534	534	32.31, Penal Code;
535	535	(G) fraudulent use or possession of identifying
536	536	information under Section 32.51, Penal Code;
537	537	(H) exploitation of a child, elderly individual,
538	538	or disabled individual under Section 32.53, Penal Code;
539	539	(I) health care fraud under Section 35A.02, Penal
540	540	Code; or
541	541	(J) bigamy under Section 25.01, Penal Code,
542	542	except as provided by Subdivision (6);
543	543	(4) five years from the date of the commission of the
544	544	offense:
545	545	(A) theft or robbery;
546	546	(B) except as provided by Subdivision (5),
547	547	kidnapping or burglary;
548	548	(C) injury to an elderly or disabled individual
549	549	that is not punishable as a felony of the first degree under Section
550	550	22.04, Penal Code;
551	551	(D) abandoning or endangering a child; or
552	552	(E) insurance fraud;
553	553	(5) if the investigation of the offense shows that the
554	554	victim is younger than 17 years of age at the time the offense is
555	555	committed, 20 years from the 18th birthday of the victim of one of
556	556	the following offenses:
557	557	(A) sexual performance by a child under Section
558	558	43.25, Penal Code;
559	559	(B) aggravated kidnapping under Section
560	560	20.04(a)(4), Penal Code, if the defendant committed the offense
561	561	with the intent to violate or abuse the victim sexually; or
562	562	(C) burglary under Section 30.02, Penal Code, if
563	563	the offense is punishable under Subsection (d) of that section and
564	564	the defendant committed the offense with the intent to commit an
565	565	offense described by Subdivision (1)(B) or (D) of this article or
566	566	Paragraph (B) of this subdivision;
567	567	(6) ten years from the 18th birthday of the victim of
568	568	the offense:
569	569	(A) trafficking of a child [persons] under
570	570	Section 20A.02(a)(5) or (6), Penal Code;
571	571	(B) injury to a child under Section 22.04, Penal
572	572	Code; or
573	573	(C) bigamy under Section 25.01, Penal Code, if
574	574	the investigation of the offense shows that the person, other than
575	575	the legal spouse of the defendant, whom the defendant marries or
576	576	purports to marry or with whom the defendant lives under the
577	577	appearance of being married is younger than 18 years of age at the
578	578	time the offense is committed;
579	579	(7) ten years from the date the offense was
580	580	discovered: trafficking of a disabled individual under Section
581	581	20A.02(a)(5) or (6), Penal Code;
582	582	(8) two years from the date the offense was
583	583	discovered: sexual assault punishable as a state jail felony under
584	584	Section 22.011(f)(2), Penal Code; or
585	585	(9) [(8)] three years from the date of the commission
586	586	of the offense: all other felonies.
587	587	SECTION 2.08. Section 2(a), Article 38.37, Code of Criminal
588	588	Procedure, is amended to read as follows:
589	589	(a) Subsection (b) applies only to the trial of a defendant
590	590	for:
591	591	(1) an offense under any of the following provisions
592	592	of the Penal Code:
593	593	(A) Section 20A.02, if punishable as a felony of
594	594	the first degree under Section 20A.02(b)(1) (Labor or Sex
595	595	Trafficking of a Child or Disabled Individual);
596	596	(B) Section 21.02 (Continuous Sexual Abuse of
597	597	Young Child or Disabled Individual);
598	598	(C) Section 21.11 (Indecency With a Child);
599	599	(D) Section 22.011(a)(2) (Sexual Assault of a
600	600	Child);
601	601	(E) Sections 22.021(a)(1)(B) and (2) (Aggravated
602	602	Sexual Assault of a Child);
603	603	(F) Section 33.021 (Online Solicitation of a
604	604	Minor);
605	605	(G) Section 43.25 (Sexual Performance by a
606	606	Child); or
607	607	(H) Section 43.26 (Possession or Promotion of
608	608	Child Pornography), Penal Code; or
609	609	(2) an attempt or conspiracy to commit an offense
610	610	described by Subdivision (1).
611	611	SECTION 2.09. Article 62.101(a), Code of Criminal
612	612	Procedure, is amended to read as follows:
613	613	(a) Except as provided by Subsection (b) and Subchapter I,
614	614	the duty to register for a person ends when the person dies if the
615	615	person has a reportable conviction or adjudication, other than an
616	616	adjudication of delinquent conduct, for:
617	617	(1) a sexually violent offense;
618	618	(2) an offense under Section 20A.02(a)(3), (4), (7),
619	619	or (8), 25.02, 43.05(a)(2) or (3), or 43.26, Penal Code;
620	620	(3) an offense under Section 20A.03, Penal Code, if
621	621	based partly or wholly on conduct that constitutes an offense under
622	622	Section 20A.02(a)(3), (4), (7), or (8) of that code;
623	623	(4) an offense under Section 21.11(a)(2), Penal Code,
624	624	if before or after the person is convicted or adjudicated for the
625	625	offense under Section 21.11(a)(2), Penal Code, the person receives
626	626	or has received another reportable conviction or adjudication,
627	627	other than an adjudication of delinquent conduct, for an offense or
628	628	conduct that requires registration under this chapter;
629	629	(5) an offense under Section 20.02, 20.03, or 20.04,
630	630	Penal Code, if:
631	631	(A) the judgment in the case contains an
632	632	affirmative finding under Article 42.015 or, for a deferred
633	633	adjudication, the papers in the case contain an affirmative finding
634	634	that the victim or intended victim was younger than 17 years of age;
635	635	and
636	636	(B) before or after the person is convicted or
637	637	adjudicated for the offense under Section 20.02, 20.03, or 20.04,
638	638	Penal Code, the person receives or has received another reportable
639	639	conviction or adjudication, other than an adjudication of
640	640	delinquent conduct, for an offense or conduct that requires
641	641	registration under this chapter; or
642	642	(6) an offense under Section 43.23, Penal Code, that
643	643	is punishable under Subsection (h) of that section.
644	644	SECTION 2.10. Section 772.0062(a)(1), Government Code, is
645	645	amended to read as follows:
646	646	(1) "Child sex trafficking" means conduct
647	647	constituting an offense [prohibited] under Section 20A.02(a)(7) or
648	648	(8), Penal Code, that is committed against a child.
649	649	SECTION 2.11. The change in law made by this article applies
650	650	only to an offense committed on or after the effective date of this
651	651	Act. An offense committed before the effective date of this Act is
652	652	governed by the law in effect on the date the offense was committed,
653	653	and the former law is continued in effect for that purpose. For
654	654	purposes of this section, an offense was committed before the
655	655	effective date of this Act if any element of the offense occurred
656	656	before that date.
657	657	SECTION 2.12. To the extent of any conflict, this article
658	658	prevails over another Act of the 88th Legislature, Regular Session,
659	659	2023, relating to nonsubstantive additions to and corrections in
660	660	enacted codes.
661	661	ARTICLE 3. ADMISSIBILITY OF CERTAIN HEARSAY STATEMENTS AND
662	662	EXTRANEOUS OFFENSES OR ACTS
663	663	SECTION 3.01. Section 1, Article 38.072, Code of Criminal
664	664	Procedure, is amended to read as follows:
665	665	Sec. 1. This article applies to a proceeding in the
666	666	prosecution of an offense under any of the following provisions of
667	667	the Penal Code, if committed against a child younger than 18 [14]
668	668	years of age or a person with a disability:
669	669	(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
670	670	Offenses);
671	671	(2) Section 25.02 (Prohibited Sexual Conduct);
672	672	(3) Section 43.25 (Sexual Performance by a Child);
673	673	(4) Section 43.05(a)(2) or (3) (Compelling
674	674	Prostitution);
675	675	(5) Section 20A.02(a)(5), (6), (7), [20A.02(a)(7)] or
676	676	(8) (Trafficking of Persons); [or]
677	677	(6) Section 20A.03 (Continuous Trafficking of
678	678	Persons), if based partly or wholly on conduct that constitutes an
679	679	offense under Section 20A.02(a)(5), (6), (7), or (8); or
680	680	(7) Section 15.01 (Criminal Attempt), if the offense
681	681	attempted is described by Subdivision (1), (2), (3), (4), [or] (5),
682	682	or (6) of this section.
683	683	SECTION 3.02. Section 1(a), Article 38.37, Code of Criminal
684	684	Procedure, is amended to read as follows:
685	685	(a) Subsection (b) applies to a proceeding in the
686	686	prosecution of a defendant for an offense, or an attempt or
687	687	conspiracy to commit an offense, under the following provisions of
688	688	the Penal Code:
689	689	(1) if committed against a child under 17 years of age:
690	690	(A) Chapter 21 (Sexual Offenses);
691	691	(B) Chapter 22 (Assaultive Offenses); or
692	692	(C) Section 25.02 (Prohibited Sexual Conduct);
693	693	or
694	694	(2) if committed against a person younger than 18
695	695	years of age:
696	696	(A) Section 43.25 (Sexual Performance by a
697	697	Child);
698	698	(B) Section 20A.02(a)(5), (6), (7),
699	699	[20A.02(a)(7)] or (8) (Trafficking of Persons); [or]
700	700	(C) Section 20A.03 (Continuous Trafficking of
701	701	Persons), if based partly or wholly on conduct that constitutes an
702	702	offense under Section 20A.02(a)(5), (6), (7), or (8); or
703	703	(D) Section 43.05(a)(2) (Compelling
704	704	Prostitution).
705	705	SECTION 3.03. The change in law made by this article applies
706	706	to the admissibility of evidence in a criminal proceeding that
707	707	commences on or after the effective date of this Act. The
708	708	admissibility of evidence in a criminal proceeding that commences
709	709	before the effective date of this Act is governed by the law in
710	710	effect on the date the proceeding commenced, and the former law is
711	711	continued in effect for that purpose.
712	712	ARTICLE 4. REQUIRED REPORTING CONCERNING INVESTIGATIONS OF HUMAN
713	713	TRAFFICKING OFFENSES
714	714	SECTION 4.01. Article 2.305, Code of Criminal Procedure, is
715	715	amended to read as follows:
716	716	Art. 2.305. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING
717	717	CASES. (a) This article applies only to:
718	718	(1) a municipal police department, sheriff's
719	719	department, or constable's office[, county attorney's office,
720	720	district attorney's office, and criminal district attorney's
721	721	office, as applicable,] in a county with a population of more than
722	722	50,000; and
723	723	(2) the Department of Public Safety.
724	724	(b) An entity described by Subsection (a) that investigates
725	725	the alleged commission of an offense under Chapter 20A, Penal Code,
726	726	or the alleged commission of an offense under Chapter 43, Penal
727	727	Code, which may involve human trafficking, shall submit to the
728	728	attorney general [a report] in the manner and form prescribed by the
729	729	attorney general a report containing the following information:
730	730	(1) the offense being investigated, including the
731	731	offense code designated by the Department of Public Safety under
732	732	Article 66.052 [a brief description of the alleged prohibited
733	733	conduct];
734	734	(2) regarding each person suspected of committing the
735	735	offense [and each victim of the offense]:
736	736	(A) the person's:
737	737	(i) full name [age];
738	738	(ii) gender; [and]
739	739	(iii) race or ethnicity, as defined by
740	740	Article 2.132; [and]
741	741	(iv) country of origin, if the person is not
742	742	a United States citizen or legal permanent resident;
743	743	(v) date of birth; and
744	744	(vi) age at the time of the offense, if
745	745	available; and
746	746	(B) the case number associated with the person
747	747	and the offense [and the person suspected of committing the
748	748	offense];
749	749	(3) the date[, time,] and location of the alleged
750	750	offense, including the city and county;
751	751	(4) [the type of human trafficking involved,
752	752	including:
753	753	[(A) forced labor or services, as defined by
754	754	Section 20A.01, Penal Code;
755	755	[(B) causing the victim by force, fraud, or
756	756	coercion to engage in prohibited conduct involving one or more
757	757	sexual activities, including conduct described by Section
758	758	20A.02(a)(3), Penal Code; or
759	759	[(C) causing a child victim by any means to engage
760	760	in, or become the victim of, prohibited conduct involving one or
761	761	more sexual activities, including conduct described by Section
762	762	20A.02(a)(7), Penal Code;
763	763	[(5) if available, information regarding any victims'
764	764	service organization or program to which the victim was referred as
765	765	part of the investigation; and
766	766	[(6)] the disposition of the investigation, if any,
767	767	regardless of the manner of disposition; and
768	768	(5) regarding the victim of the offense:
769	769	(A) the victim's:
770	770	(i) age;
771	771	(ii) gender;
772	772	(iii) race or ethnicity, as defined by
773	773	Article 2.132; and
774	774	(iv) country of origin, if the victim is not
775	775	a United States citizen or legal permanent resident; and
776	776	(B) if available, information regarding any
777	777	victims' service organization or program to which the victim was
778	778	referred as part of the investigation.
779	779	(c) An entity described by Subsection (a) that does not have
780	780	any investigations or offenses required to be reported under this
781	781	article during a period specified by the attorney general shall
782	782	submit to the attorney general a notice stating there are no cases
783	783	to report, in the manner and form prescribed by the attorney general
784	784	[An attorney representing the state who prosecutes the alleged
785	785	commission of an offense under Chapter 20A, Penal Code, or the
786	786	alleged commission of an offense under Chapter 43, Penal Code,
787	787	which may involve human trafficking, shall submit to the attorney
788	788	general the following information:
789	789	[(1) the offense being prosecuted, including a brief
790	790	description of the alleged prohibited conduct;
791	791	[(2) any other charged offense that is part of the same
792	792	criminal episode out of which the offense described by Subdivision
793	793	(1) arose;
794	794	[(3) the information described by Subsections (b)(2),
795	795	(3), (4), and (5); and
796	796	[(4) the disposition of the prosecution, regardless of
797	797	the manner of disposition].
798	798	(d) The attorney general may enter into a contract with a
799	799	university or organization to assist with [that provides for the
800	800	university's assistance in] the collection and analysis of
801	801	information received under this article. The attorney general
802	802	shall ensure that all sensitive information is properly protected.
803	803	(e) Information described by Subsections (b)(2)(A)(i) and
804	804	(v) and (b)(2)(B) is not subject to disclosure under Chapter 552,
805	805	Government Code.
806	806	(f) In consultation with the entities described by
807	807	Subsection (a), the attorney general shall adopt rules to
808	808	administer this article, including rules prescribing:
809	809	(1) the form and manner of submission of a report or
810	810	notice required by Subsection (b) or (c); and
811	811	(2) additional information to include in a report or
812	812	notice required by Subsection (b) or (c).
813	813	SECTION 4.02. As soon as practicable after the effective
814	814	date of this Act, the attorney general shall update forms and
815	815	procedures as necessary to implement Article 2.305, Code of
816	816	Criminal Procedure, as amended by this article.
817	817	ARTICLE 5. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION
818	818	CERTIFICATES ISSUED TO CERTAIN SEX OFFENDERS
819	819	SECTION 5.01. Article 42.016, Code of Criminal Procedure,
820	820	is amended to read as follows:
821	821	Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
822	822	REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
823	823	of, receives a grant of deferred adjudication for, or is
824	824	adjudicated as having engaged in delinquent conduct based on a
825	825	violation of an offense for which a conviction or adjudication
826	826	requires registration as a sex offender under Chapter 62, the court
827	827	shall:
828	828	(1) issue an order requiring the Texas Department of
829	829	Public Safety to include in any driver's license record or personal
830	830	identification certificate record maintained by the department for
831	831	the person:
832	832	(A) an indication that the person is subject to
833	833	the registration requirements of Chapter 62; and
834	834	(B) if applicable, an indication that the person
835	835	is subject to registration because the person was convicted of an
836	836	offense involving human trafficking under Chapter 20A, Penal Code;
837	837	(2) require the person to apply to the Texas
838	838	Department of Public Safety in person for an original or renewal
839	839	driver's license or personal identification certificate not later
840	840	than the 30th day after the date the person is released or the date
841	841	the department sends written notice to the person of the
842	842	requirements of Article 62.060, as applicable, and to annually
843	843	renew the license or certificate;
844	844	(3) notify the person of the consequence of the
845	845	conviction or order of deferred adjudication as it relates to the
846	846	order issued under this article; and
847	847	(4) send to the Texas Department of Public Safety a
848	848	copy of the record of conviction, a copy of the order granting
849	849	deferred adjudication, or a copy of the juvenile adjudication, as
850	850	applicable, and a copy of the order issued under this article.
851	851	SECTION 5.02. Section 521.057(a), Transportation Code, is
852	852	amended to read as follows:
853	853	(a) On receipt of a court order issued under Article 42.016,
854	854	Code of Criminal Procedure, the department shall ensure that any
855	855	driver's license record or personal identification certificate
856	856	record maintained by the department for the person includes an
857	857	indication that the person:
858	858	(1) is subject to the registration requirements of
859	859	Chapter 62, Code of Criminal Procedure; and
860	860	(2) if applicable, is subject to registration because
861	861	the person was convicted of an offense involving human trafficking
862	862	under Chapter 20A, Penal Code.
863	863	SECTION 5.03. The changes in law made by this article apply
864	864	only to a driver's license or personal identification certificate
865	865	issued or renewed on or after the effective date of this Act. A
866	866	driver's license or personal identification certificate issued or
867	867	renewed before the effective date of this Act is governed by the law
868	868	in effect when the license or certificate was issued or renewed, and
869	869	the former law is continued in effect for that purpose.
870	870	ARTICLE 6. CHILD GROOMING AND POSSESSION OF CHILD PORNOGRAPHY
871	871	SECTION 6.01. Chapter 15, Penal Code, is amended by adding
872	872	Section 15.032 to read as follows:
873	873	Sec. 15.032. CHILD GROOMING. (a) A person commits an
874	874	offense if, with the intent that an offense under Chapter 43 or an
875	875	offense involving sexual activity, the occurrence of which would
876	876	subject the actor to criminal liability under Chapter 20A, 21, or
877	877	22, be committed, the person knowingly persuades, induces, entices,
878	878	or coerces, or attempts to persuade, induce, entice, or coerce, a
879	879	child younger than 18 years of age to engage in specific conduct
880	880	that, under the circumstances surrounding the actor's conduct as
881	881	the actor believes them to be, would:
882	882	(1) constitute an offense under Chapter 43 or an
883	883	offense involving sexual activity the occurrence of which would
884	884	subject the actor to criminal liability under Chapter 20A, 21, or
885	885	22; or
886	886	(2) make the child a party to the commission of an
887	887	offense described by Subdivision (1).
888	888	(b) An offense under this section is a felony of the third
889	889	degree, except that the offense is a felony of the second degree if
890	890	the actor has previously been convicted of an offense under:
891	891	(1) Chapter 20A, if the offense involved conduct
892	892	described by Section 20A.02(a)(7) or (8);
893	893	(2) Section 21.02;
894	894	(3) Section 21.11;
895	895	(4) Section 22.011, if the victim of the offense was a
896	896	child under 18 years of age; or
897	897	(5) Section 22.021, if the victim of the offense was a
898	898	child under 18 years of age.
899	899	(c) It is an affirmative defense to prosecution under this
900	900	section that the actor is under the age of 18 and:
901	901	(1) the actor engaged in conduct described by
902	902	Subsection (a) with respect to another child under the age of 18:
903	903	(A) who is not more than three years older or
904	904	younger than the actor and with whom the actor had a dating
905	905	relationship at the time of the offense; or
906	906	(B) who was the spouse of the actor at the time of
907	907	the offense; and
908	908	(2) the conduct occurred only between the actor and
909	909	the other child described by Subdivision (1).
910	910	(d) If conduct constituting an offense under this section
911	911	also constitutes an offense under another section of this code, the
912	912	actor may be prosecuted under either section but not both sections.
913	913	SECTION 6.02. Section 43.26, Penal Code, is amended by
914	914	amending Subsections (c) and (d) and adding Subsections (d-1) and
915	915	(d-2) to read as follows:
916	916	(c) The affirmative defenses provided by Sections
917	917	43.25(f)(2) and (3) [Section 43.25(f)] also apply to a prosecution
918	918	under this section.
919	919	(d) An offense under Subsection (a) is a felony of the third
920	920	degree, except that the offense is:
921	921	(1) a felony of the second degree if:
922	922	(A) it is shown on the trial of the offense that
923	923	the person has been previously convicted one time of an offense
924	924	under that subsection; or
925	925	(B) the person possesses visual material that
926	926	contains 10 or more visual depictions of a child as described by
927	927	Subsection (a)(1) but fewer than 50 such depictions; and
928	928	(2) a felony of the first degree if:
929	929	(A) it is shown on the trial of the offense that
930	930	the person has been previously convicted two or more times of an
931	931	offense under that subsection; or
932	932	(B) the person possesses visual material that
933	933	contains:
934	934	(i) 50 or more visual depictions of a child
935	935	as described by Subsection (a)(1); or
936	936	(ii) a videotape or film that visually
937	937	depicts conduct constituting an offense under Section
938	938	22.011(a)(2).
939	939	(d-1) If it is shown on the trial of an offense under
940	940	Subsection (a) that the person engaged in conduct that constituted
941	941	an offense under Subsection (e) during the same criminal episode:
942	942	(1) an offense described for purposes of punishment by
943	943	Subsection (d)(1) is a felony of the first degree; or
944	944	(2) the minimum term of confinement for an offense
945	945	described for purposes of punishment by Subsection (d)(2) is
946	946	increased to 15 years.
947	947	(d-2) The enhancement provided by Subsection (d-1) is
948	948	unavailable if the person is also prosecuted under Subsection (e)
949	949	for conduct occurring during the same criminal episode.
950	950	SECTION 6.03. Section 43.26(f), Penal Code, is repealed.
951	951	SECTION 6.04. The change in law made by this article applies
952	952	only to an offense committed on or after the effective date of this
953	953	Act. An offense committed before the effective date of this Act is
954	954	governed by the law in effect on the date the offense was committed,
955	955	and the former law is continued in effect for that purpose. For
956	956	purposes of this section, an offense was committed before the
957	957	effective date of this Act if any element of the offense occurred
958	958	before that date.
959	959	ARTICLE 7. EFFECTIVE DATE
960	960	SECTION 7.01. This Act takes effect September 1, 2023.
961	961	______________________________ ______________________________
962	962	President of the Senate Speaker of the House
963	963	I hereby certify that S.B. No. 1527 passed the Senate on
964	964	April 12, 2023, by the following vote: Yeas 31, Nays 0.
965	965	______________________________
966	966	Secretary of the Senate
967	967	I hereby certify that S.B. No. 1527 passed the House on
968	968	May 6, 2023, by the following vote: Yeas 126, Nays 8,
969	969	two present not voting.
970	970	______________________________
971	971	Chief Clerk of the House
972	972	Approved:
973	973	______________________________
974	974	Date
975	975	______________________________
976	976	Governor