89R15121 CJD-D
By: LaHood H.B. No. 3653
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of certain trafficking
of persons offenses; increasing criminal penalties; changing
parole eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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
Subsections [Subsection] (b-1) and (b-2), 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:
(A) Subsection (a)(5) or [,] (6) involving the
trafficking of a child, [(7), or (8),] regardless of whether the
actor knows the age of the child; or
(B) Subsection (a)(5), (6), (7), or (8) involving
the trafficking of a disabled individual, regardless of 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; or
(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 2. 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;
(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 3. Section 20A.02, Penal Code, is amended by adding
Subsection (b-2) to read as follows:
(b-2) An offense under Subsection (a)(7) or (8) involving
the trafficking of a child is a capital felony.
SECTION 4. Section 20A.03, Penal Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) Except as provided by Subsection (f), an [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 any term of not more than 99 years or less than 25 years.
(f) An offense under this section is a capital felony if the
offense is based partly or wholly on conduct constituting an
offense under Section 20A.02(a)(7) or (8) involving the trafficking
of a child.
SECTION 5. The heading to Article 37.072, Code of Criminal
Procedure, is amended to read as follows:
Art. 37.072. PROCEDURE IN REPEAT SEX OFFENDER OR CHILD
TRAFFICKING CAPITAL CASE
SECTION 6. Article 37.072, Code of Criminal Procedure, is
amended by adding Section 1-a to read as follows:
Sec. 1-a. If a defendant is found guilty in a capital felony
case punishable under Section 20A.02(b-2) or 20A.03(f), Penal Code,
in which the state does not seek the death penalty, the judge shall
sentence the defendant to life imprisonment or to life imprisonment
without parole as required by Section 12.31, Penal Code.
SECTION 7. Section 2(a)(1), Article 37.072, Code of
Criminal Procedure, is amended to read as follows:
(a)(1) If a defendant is tried for an offense punishable
under Section 12.42(c)(3), 20A.02(b-2), or 20A.03(f), Penal Code,
in which the state seeks the death penalty, on a finding that the
defendant is guilty of a capital offense, the court shall conduct a
separate sentencing proceeding to determine whether the defendant
shall be sentenced to death or life imprisonment without parole.
The proceeding shall be conducted in the trial court and, except as
provided by Article 44.29(d) [of this code], before the trial jury
as soon as practicable. In the proceeding, evidence may be
presented by the state and the defendant or the defendant's counsel
as to any matter that the court considers relevant to sentence,
including evidence of the defendant's background or character or
the circumstances of the offense that mitigates against the
imposition of the death penalty. This subdivision may not be
construed to authorize the introduction of any evidence secured in
violation of the Constitution of the United States or of the State
of Texas. The state and the defendant or the defendant's counsel
shall be permitted to present argument for or against sentence of
death. The introduction of evidence of extraneous conduct is
governed by the notice requirements of Section 3(g), Article 37.07.
The court, the attorney representing the state, the defendant, or
the defendant's counsel may not inform a juror or a prospective
juror of the effect of a failure of a jury to agree on issues
submitted under Subsection (b) or (e).
SECTION 8. Section 2(b), Article 37.072, Code of Criminal
Procedure, is amended to read as follows:
(b) On conclusion of the presentation of the evidence, the
court shall submit the following issues to the jury:
(1) whether there is a probability that the defendant
would commit criminal acts of violence that would constitute a
continuing threat to society; and
(2) in cases in which the jury charge at the guilt or
innocence stage permitted the jury to find the defendant guilty as a
party under Sections 7.01 and 7.02, Penal Code:
(A) if the defendant is convicted of an offense
punishable under Section 12.42(c)(3), Penal Code, whether the
defendant actually engaged in the conduct prohibited by Section
22.021, Penal Code, or did not actually engage in the conduct
prohibited by Section 22.021, Penal Code, but intended that the
offense be committed against the victim or another intended victim;
or
(B) if the defendant is convicted of an offense
punishable under Section 20A.02(b-2) or 20A.03(f), Penal Code,
whether the defendant actually engaged in conduct prohibited by
Section 20A.02(a)(7) or (8), Penal Code, involving the trafficking
of a child or did not actually engage in conduct prohibited by
Section 20A.02(a)(7) or (8), Penal Code, involving the trafficking
of a child but intended that the offense be committed against the
victim or another intended victim who is a child.
SECTION 9. Article 42.01991(a), Code of Criminal Procedure,
is amended to read as follows:
(a) This article applies only in the trial of an offense
under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, other
than an offense punishable under Subsection (b-2) of that section,
in which:
(1) the defendant enters a plea of guilty; and
(2) the attorney representing the state, the attorney
representing the defendant, and the defendant agree in writing that
the defendant will become eligible for release on parole as
described by Section 508.145(c-1)(2), Government Code.
SECTION 10. Articles 44.29(b) and (d), Code of Criminal
Procedure, are amended to read as follows:
(b) If the court of appeals or the Court of Criminal Appeals
awards a new trial to a defendant other than a defendant convicted
of an offense under Section 19.03, Penal Code, or punishable as a
capital felony under Section 20A.02(b-2) or 20A.03(f), Penal Code,
only on the basis of an error or errors made in the punishment stage
of the trial, the cause shall stand as it would have stood in case
the new trial had been granted by the court below, except that the
court shall commence the new trial as if a finding of guilt had been
returned and proceed to the punishment stage of the trial under
Subsection (b), Section 2, Article 37.07 [, of this code]. If the
defendant elects, the court shall empanel a jury for the sentencing
stage of the trial in the same manner as a jury is empaneled by the
court for other trials before the court. At the new trial, the
court shall allow both the state and the defendant to introduce
evidence to show the circumstances of the offense and other
evidence as permitted by Section 3 of Article 37.07 [of this code].
(d) If any court sets aside or invalidates the sentence of a
defendant convicted of an offense punishable as a capital felony
under Section 12.42(c)(3), 20A.02(b-2), or 20A.03(f), Penal Code,
and sentenced to death on the basis of any error affecting
punishment only, the court shall not set the conviction aside but
rather shall commence a new punishment hearing under Article
37.072, as if a finding of guilt had been returned. The court shall
empanel a jury for the sentencing stage of the trial in the same
manner as a jury is to be empaneled by the court in other trials
before the court for the offense of which the defendant was
convicted. At the new punishment hearing, the court shall permit
both the state and the defendant to introduce evidence as permitted
by Article 37.072.
SECTION 11. Section 508.145(a), Government Code, is amended
to read as follows:
(a) An inmate is not eligible for release on parole if the
inmate is under sentence of death, serving a sentence of life
imprisonment without parole, or serving a sentence for any of the
following offenses under the Penal Code:
(1) Section 20A.03, if the offense is based partly or
wholly on conduct constituting an offense under:
(A) Section 20A.02(a)(5) or (6) involving the
trafficking of a child; or
(B) Section 20A.02(a)(5), (6), (7), or (8)
involving the trafficking of a disabled individual;
(2) Section 21.02;
(3) Section 22.021, if the offense is punishable under
Subsection (f) of that section; or
(4) Section 51.03 or 51.04.
SECTION 12. Section 508.145(d)(1), Government Code, is
amended to read as follows:
(d)(1) This subsection applies only to an inmate who is
serving a sentence for:
(A) an offense described by Article 42A.054(a),
Code of Criminal Procedure, other than an offense punishable as a
capital felony [under Section 19.03, Penal Code,] or an offense
under Chapter 20A, Penal Code, that is described by Subsection
(a)(1) or (c-1)(1);
(B) an offense for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure; or
(C) an offense under Section 71.02 or 71.023,
Penal Code.
SECTION 13. Sections 12.42(c)(2) and (4), Penal Code, are
amended to read as follows:
(2) Notwithstanding Subdivision (1), a defendant
shall be punished by imprisonment in the Texas Department of
Criminal Justice for life if:
(A) the defendant is convicted of an offense:
(i) under Section 20A.02(a)(7) or (8),
Penal Code, involving the trafficking of a disabled individual;
(ii) under Section 21.11(a)(1), 22.021, or
22.011, Penal Code;
(iii) [(ii)] 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
(iv) [(iii)] under Section 30.02, Penal
Code, punishable under Subsection (d) of that section, if the
defendant committed the offense with the intent to commit a felony
described by Subparagraph (i), [or] (ii), or (iii) or a felony under
Section 21.11, Penal Code; and
(B) the defendant has been previously convicted
of an offense:
(i) under Section 43.25 or 43.26, Penal
Code, or an offense under Section 43.23, Penal Code, punishable
under Subsection (h) of that section;
(ii) under Section 20A.02(a)(7) or (8),
21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;
(iii) under Section 20.04(a)(4), Penal
Code, if the defendant committed the offense with the intent to
violate or abuse the victim sexually;
(iv) under Section 30.02, Penal Code,
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (ii) or (iii); or
(v) under the laws of another state
containing elements that are substantially similar to the elements
of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
(4) Notwithstanding Subdivision (1) or (2), and except
as provided by Subdivision (3) for the trial of an offense under
Section 22.021 as described by that subdivision, a defendant shall
be punished by imprisonment in the Texas Department of Criminal
Justice for life without parole if it is shown on the trial of an
offense under Section 20A.03, other than an offense punishable as a
capital felony, or of a sexually violent offense, committed by the
defendant on or after the defendant's 18th birthday, that the
defendant has previously been finally convicted of:
(A) an offense under Section 20A.03 or of a
sexually violent offense; or
(B) an offense that was committed under the laws
of another state and that contains elements that are substantially
similar to the elements of an offense under Section 20A.03 or of a
sexually violent offense.
SECTION 14. The changes in law made by this Act apply 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 15. This Act takes effect September 1, 2025.