4 | 7 | | |
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5 | 8 | | |
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6 | 9 | | A BILL TO BE ENTITLED |
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7 | 10 | | AN ACT |
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8 | 11 | | relating to the punishment for the offense of trafficking of |
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9 | 12 | | persons. |
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10 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 14 | | SECTION 1. Section 20A.02(b), Penal Code, as amended by |
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12 | 15 | | Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th |
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13 | 16 | | Legislature, Regular Session, 2023, is reenacted and amended to |
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14 | 17 | | read as follows: |
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15 | 18 | | (b) Except as otherwise provided by this subsection and |
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16 | 19 | | Subsection (b-1), an offense under this section is a felony of the |
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17 | 20 | | second degree. An offense under this section is a felony of the |
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18 | 21 | | first degree if: |
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19 | 22 | | (1) the applicable conduct constitutes an offense |
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20 | 23 | | under Subsection (a)(5), (6), (7), or (8), regardless of whether |
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21 | 24 | | the actor knows the age of the child or whether the actor knows the |
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22 | 25 | | victim is disabled at the time of the offense; |
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23 | 26 | | (2) the commission of the offense results in serious |
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24 | 27 | | bodily injury to or the death of the person who is trafficked; [or] |
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25 | 28 | | (3) the commission of the offense results in the death |
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26 | 29 | | of an unborn child of the person who is trafficked; or |
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27 | 30 | | (4) the actor: |
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28 | 31 | | (A) used or exhibited a deadly weapon during the |
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29 | 32 | | commission of the offense; |
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30 | 33 | | (B) intentionally, knowingly, or recklessly |
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31 | 34 | | impeded the normal breathing or circulation of the blood of the |
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32 | 35 | | trafficked person by applying pressure to the person's throat or |
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33 | 36 | | neck or by blocking the person's nose or mouth; [or] |
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34 | 37 | | (C) subject to Subsection (b-1), recruited, |
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35 | 38 | | enticed, or obtained the trafficked person from a shelter or |
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36 | 39 | | facility operating as a residential treatment center that serves |
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37 | 40 | | runaway youth, foster children, the homeless, or persons subjected |
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38 | 41 | | to human trafficking, domestic violence, or sexual assault; or |
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39 | 42 | | (D) subject to Subsection (b-1), recruited, |
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40 | 43 | | enticed, or obtained the trafficked person from a correctional |
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41 | 44 | | facility while the trafficked person was confined in the facility. |
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42 | 45 | | SECTION 2. Section 20A.02(b-1), Penal Code, as amended by |
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43 | 46 | | Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th |
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44 | 47 | | Legislature, Regular Session, 2023, is reenacted and amended to |
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45 | 48 | | read as follows: |
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46 | 49 | | (b-1) An offense under this section is a felony of the first |
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47 | 50 | | degree punishable by imprisonment in the Texas Department of |
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48 | 51 | | Criminal Justice for life or for a term of not more than 99 years or |
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49 | 52 | | less than 25 years if it is shown on the trial of the offense that |
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50 | 53 | | the actor committed the offense in a location that was: |
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51 | 54 | | (1) on the premises of or within 1,000 feet of the |
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52 | 55 | | premises of: |
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53 | 56 | | (A) a school; [or] |
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54 | 57 | | (B) an institution of higher education or private |
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55 | 58 | | or independent institution of higher education, as defined by |
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56 | 59 | | Section 61.003, Education Code; [or] |
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57 | 60 | | (C) [(B)] a juvenile detention facility; |
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58 | 61 | | (D) [(C)] a post-adjudication secure |
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59 | 62 | | correctional facility; |
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60 | 63 | | (E) [(D)] a shelter or facility operating as a |
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61 | 64 | | residential treatment center that serves runaway youth, foster |
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62 | 65 | | children, people who are homeless, or persons subjected to human |
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63 | 66 | | trafficking, domestic violence, or sexual assault; |
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64 | 67 | | (F) [(E)] a community center offering youth |
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65 | 68 | | services and programs; [or] |
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66 | 69 | | (G) [(F)] a child-care facility, as defined by |
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67 | 70 | | Section 42.002, Human Resources Code; or |
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68 | 71 | | (H) a correctional facility; or |
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69 | 72 | | (2) on the premises where or within 1,000 feet of the |
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70 | 73 | | premises where: |
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71 | 74 | | (A) an official school function was taking place; |
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72 | 75 | | or |
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73 | 76 | | (B) an event sponsored or sanctioned by the |
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74 | 77 | | University Interscholastic League was taking place. |
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75 | 78 | | SECTION 3. The change in law made by this Act applies only |
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76 | 79 | | to an offense committed on or after the effective date of this Act. |
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77 | 80 | | An offense committed before the effective date of this Act is |
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78 | 81 | | governed by the law in effect on the date the offense was committed, |
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79 | 82 | | and the former law is continued in effect for that purpose. For |
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80 | 83 | | purposes of this section, an offense was committed before the |
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81 | 84 | | effective date of this Act if any element of the offense occurred |
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82 | 85 | | before that date. |
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83 | 86 | | SECTION 4. This Act takes effect September 1, 2025. |
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