By: Parker, Hall S.B. No. 955
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of trafficking of
persons.
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
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; [or]
(C) subject to Subsection (b-1), recruited,
enticed, or obtained the trafficked person from a shelter or
facility operating as a residential treatment center that serves
runaway youth, foster children, the homeless, or persons subjected
to human trafficking, domestic violence, or sexual assault; or
(D) subject to Subsection (b-1), recruited,
enticed, or obtained the trafficked person from a correctional
facility while the trafficked person was confined in the facility.
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; [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
(H) a correctional facility; 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. 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 4. This Act takes effect September 1, 2025.