| 1 | 1 | | 89R2321 EAS-D |
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| 2 | 2 | | By: Parker S.B. No. 2435 |
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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 offenses of trafficking of |
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| 10 | 10 | | persons and continuous trafficking of persons. |
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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 20A.02, Penal Code, is amended by adding |
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| 13 | 13 | | Subsection (e) to read as follows: |
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| 14 | 14 | | (e) This subsection applies only to a prosecution for an |
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| 15 | 15 | | offense under Subsection (a)(7) or (8), in which the actor is |
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| 16 | 16 | | alleged to have caused a trafficked child or disabled individual to |
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| 17 | 17 | | engage in or become the victim of prostitution, as defined by |
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| 18 | 18 | | Section 43.01. It is not a defense to a prosecution described by |
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| 19 | 19 | | this subsection that the trafficked child or disabled individual: |
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| 20 | 20 | | (1) lacks the culpable mental state to engage in the |
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| 21 | 21 | | act of prostitution; or |
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| 22 | 22 | | (2) did not complete the act of prostitution. |
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| 23 | 23 | | SECTION 2. Section 20A.03, Penal Code, is amended by adding |
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| 24 | 24 | | Subsection (f) to read as follows: |
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| 25 | 25 | | (f) This subsection applies only to a prosecution for an |
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| 26 | 26 | | offense under this section based on conduct constituting an offense |
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| 27 | 27 | | under Section 20A.02(a)(7) or (8), in which the actor is alleged to |
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| 28 | 28 | | have caused for one or more times a trafficked child or disabled |
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| 29 | 29 | | individual to engage in or become the victim of prostitution as |
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| 30 | 30 | | defined by Section 43.01. It is not a defense to a prosecution |
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| 31 | 31 | | described by this subsection that the trafficked child or disabled |
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| 32 | 32 | | individual: |
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| 33 | 33 | | (1) lacks the culpable mental state to engage in the |
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| 34 | 34 | | act of prostitution; or |
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| 35 | 35 | | (2) did not complete the act of prostitution. |
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| 36 | 36 | | SECTION 3. The change in law made by this Act applies only |
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| 37 | 37 | | to an offense committed on or after the effective date of this Act. |
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| 38 | 38 | | An offense committed before the effective date of this Act is |
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| 39 | 39 | | governed by the law in effect on the date the offense was committed, |
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| 40 | 40 | | and the former law is continued in effect for that purpose. For |
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| 41 | 41 | | purposes of this section, an offense was committed before the |
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| 42 | 42 | | effective date of this Act if any element of the offense was |
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| 43 | 43 | | committed before that date. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2025. |
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