1 | 1 | | 89R1531 LHC-D |
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2 | 2 | | By: Turner H.B. No. 1347 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the prosecution of the offense of exploitation of a |
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10 | 10 | | child, elderly individual, or disabled individual. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 32.53(a), Penal Code, is amended by |
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13 | 13 | | adding Subdivisions (1-a), (1-b), and (3) and amending Subdivision |
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14 | 14 | | (2) to read as follows: |
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15 | 15 | | (1-a) "Coercion" as defined by Section 1.07 includes: |
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16 | 16 | | (A) destroying, concealing, confiscating, or |
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17 | 17 | | withholding from a person, or threatening to destroy, conceal, |
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18 | 18 | | confiscate, or withhold from a person, the person's actual or |
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19 | 19 | | purported: |
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20 | 20 | | (i) government records; or |
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21 | 21 | | (ii) identifying information or documents; |
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22 | 22 | | (B) providing a controlled substance to a person |
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23 | 23 | | for the purpose of impairing the person's ability to appraise the |
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24 | 24 | | nature of or resist engaging in any conduct; |
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25 | 25 | | (C) physically restraining or confining a person |
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26 | 26 | | or threatening to physically restrain or confine a person; |
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27 | 27 | | (D) exposing or threatening to expose |
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28 | 28 | | information that would tend to subject a person to criminal or |
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29 | 29 | | immigration proceedings; or |
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30 | 30 | | (E) causing or threatening to cause financial |
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31 | 31 | | harm to a person or using financial control over a person. |
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32 | 32 | | (1-b) "Deception" means: |
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33 | 33 | | (A) creating or confirming by words or conduct a |
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34 | 34 | | false impression of law or fact that is likely to affect the |
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35 | 35 | | judgment of another in the transaction, and that the actor does not |
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36 | 36 | | believe to be true; or |
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37 | 37 | | (B) promising performance that is likely to |
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38 | 38 | | affect the judgment of another in the transaction and that the actor |
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39 | 39 | | does not intend to perform or knows will not be performed. |
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40 | 40 | | (2) "Exploitation" means the illegal or improper use |
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41 | 41 | | of a child, elderly individual, or disabled individual or of the |
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42 | 42 | | resources of a child, elderly individual, or disabled individual |
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43 | 43 | | through undue influence, harassment, duress, false representation, |
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44 | 44 | | false pretense, or other similar means [for monetary or personal |
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45 | 45 | | benefit, profit, or gain]. |
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46 | 46 | | (3) "Isolation" means preventing a person from having |
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47 | 47 | | contact with the person's friends or family, a welfare agency, |
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48 | 48 | | peace officers, health care providers, or other individuals or |
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49 | 49 | | entities without the knowledge or consent of the person. |
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50 | 50 | | SECTION 2. Section 32.53(b), Penal Code, is amended to read |
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51 | 51 | | as follows: |
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52 | 52 | | (b) A person commits an offense if the person, through |
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53 | 53 | | exploitation, deception, coercion, or isolation, knowingly |
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54 | 54 | | appropriates the resources of a child, elderly individual, or |
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55 | 55 | | disabled individual for the person's own monetary or personal |
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56 | 56 | | benefit or for the monetary or personal benefit of another person |
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57 | 57 | | other than the child, elderly individual, or disabled individual |
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58 | 58 | | [intentionally, knowingly, or recklessly causes the exploitation |
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59 | 59 | | of a child, elderly individual, or disabled individual]. |
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60 | 60 | | SECTION 3. The change in law made by this Act applies only |
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61 | 61 | | to an offense committed on or after the effective date of this Act. |
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62 | 62 | | An offense committed before the effective date of this Act is |
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63 | 63 | | governed by the law in effect on the date the offense was committed, |
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64 | 64 | | and the former law is continued in effect for that purpose. For |
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65 | 65 | | purposes of this section, an offense was committed before the |
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66 | 66 | | effective date of this Act if any element of the offense occurred |
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67 | 67 | | before that date. |
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68 | 68 | | SECTION 4. This Act takes effect September 1, 2025. |
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