89R2963 EAS-D
By: Kerwin H.B. No. 3231
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment for the offense of
trafficking of persons; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20A.02(a), Penal Code, is 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, regardless of whether the person knows
the age of the child or whether the person knows the victim is
disabled;
(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, regardless of whether the person knows the age of the
child or whether the person knows the victim is disabled;
(7) traffics a child or disabled individual,
regardless of whether the person knows the age of the child or
whether the person knows the victim is disabled, 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), regardless of whether the
person knows the age of the child or whether the person knows the
victim is disabled.
SECTION 2. Section 20A.02(b), Penal Code, as amended by
Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and 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 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; 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:
[(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].
SECTION 3. Section 20A.02(b-1), Penal Code, as amended by
Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and amended to
read as follows:
(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; [or]
(B) an institution of higher education or private
or independent institution of higher education, as defined by
Section 61.003, Education Code; [or]
(C) [(B)] a juvenile detention facility;
(D) [(C)] a post-adjudication secure
correctional facility;
(E) [(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;
(F) [(E)] a community center offering youth
services and programs; or
(G) [(F)] a child-care facility, as defined by
Section 42.002, Human Resources Code; or
(2) on the premises where or within 1,000 feet of the
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 4. 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(a)(5),(6),(7), or (8)
[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 5. 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 6. This Act takes effect September 1, 2025.