Bill Text: TX HB10 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to certain criminal and civil consequences of trafficking of persons, compelling prostitution, and certain other related criminal offenses; to the prevention, prosecution, and punishment of those offenses, and to compensation paid to victims of those offenses.

Sponsorship: Moderate Partisan Bill (Republican 24-7)

Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB10 Detail]

Download: Texas-2015-HB10-Enrolled.html

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H.B. No. 10

AN ACT
rela
ting to certain criminal and civil consequences of trafficking
of persons, compelling prostitution, and certain other related
criminal offenses; to the prevention, prosecution, and punishment
of those offenses, and to compensation paid to victims of those
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if during the investigation
of the offense biological matter is collected and subjected to
forensic DNA testing and the testing results show that the matter
does not match the victim or any other person whose identity is
readily ascertained;
(D) continuous sexual abuse of young child or
children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of an
accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code; [or]
(H) continuous trafficking of persons under
Section 20A.03, Penal Code; or
(I) compelling prostitution under Section
43.05(a)(2), Penal Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1);
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) securing execution of document by deception;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) Medicaid fraud under Section 35A.02, Penal
Code; or
(I) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (6);
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to an elderly or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping 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
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of
the offense:
(A) trafficking of persons under Section
20A.02(a)(5) or (6), Penal Code;
(B) injury to a child under Section 22.04, Penal
Code; or
(C) [compelling prostitution under Section
43.05(a)(2), Penal Code; or
[(D)] bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed; or
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 2. Article 56.32(a)(14), Code of Criminal
Procedure, is amended to read as follows:
(14) "Trafficking of persons" means any offense that
results in a person engaging in forced labor or services, including
sexual conduct, and that may be prosecuted under Section 20A.02,
20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code.
SECTION 3. Article 56.41, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) Subsection (b)(3) does not apply to a claimant or
victim who seeks compensation for criminally injurious conduct that
is:
(1) in violation of Section 20A.02(a)(7), Penal Code;
or
(2) trafficking of persons, other than an offense
described by Subdivision (1), if the criminally injurious conduct
the claimant or victim participated in was the result of force,
fraud, or coercion.
SECTION 4. Article 56.45, Code of Criminal Procedure, is
amended to read as follows:
Art. 56.45. DENIAL OR REDUCTION OF AWARD. (a) The attorney
general may deny or reduce an award otherwise payable:
(1) if the claimant or victim has not substantially
cooperated with an appropriate law enforcement agency;
(2) if the claimant or victim bears a share of the
responsibility for the act or omission giving rise to the claim
because of the claimant's or victim's behavior;
(3) to the extent that pecuniary loss is recouped from
a collateral source; or
(4) if the claimant or victim was engaging in an
activity that at the time of the criminally injurious conduct was
prohibited by law or a rule made under law.
(b) Subsection (a)(4) does not apply to a claimant or victim
who seeks compensation for criminally injurious conduct that is:
(1) in violation of Section 20A.02(a)(7), Penal Code;
or
(2) trafficking of persons, other than an offense
described by Subdivision (1), if the activity the claimant or
victim engaged in was the result of force, fraud, or coercion.
SECTION 5. Article 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(B-1) a violation of Section 43.02
(Prostitution), Penal Code, if the offense is punishable under
Subsection (c)(3) of that section;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
(G), (J), or (K), but not if the violation results in a deferred
adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code; or
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code.
SECTION 6. Section 38.004(a), Education Code, is amended to
read as follows:
(a) The agency shall develop a policy governing the reports
of child abuse or neglect, including reports related to the
trafficking of a child under Section 20A.02(a)(5), (6), (7), or
(8), Penal Code, as required by Chapter 261, Family Code, for [of]
school districts, open-enrollment charter schools, and their
employees. The policy must provide for cooperation with law
enforcement child abuse investigations without the consent of the
child's parents if necessary, including investigations by the
Department of Family and Protective Services. The policy must
require each school district and open-enrollment charter school
employee to report child abuse or neglect, including the
trafficking of a child under Section 20A.02(a)(5) or (7), Penal
Code, in the manner required by Chapter 261, Family Code. Each
school district and open-enrollment charter school shall adopt the
policy.
SECTION 7. Section 22.011, Government Code, is amended to
read as follows:
Sec. 22.011. JUDICIAL INSTRUCTION RELATED TO FAMILY
VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD ABUSE.
(a) The supreme court shall provide judicial training related to
the problems of family violence, sexual assault, trafficking of
persons, and child abuse and to issues concerning sex offender
characteristics.
(d) The instruction must include information about:
(1) statutory and case law relating to videotaping a
child's testimony and relating to competency of children to
testify;
(2) methods for eliminating the trauma to the child
caused by the court process;
(3) case law, statutory law, and procedural rules
relating to family violence, sexual assault, trafficking of
persons, and child abuse;
(4) methods for providing protection for victims of
family violence, sexual assault, trafficking of persons, or child
abuse;
(5) available community and state resources for
counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of family
violence, sexual assault, trafficking of persons, or child abuse;
and
(8) issues concerning sex offender characteristics.
SECTION 8. The heading to Section 22.110, Government Code,
is amended to read as follows:
Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY
VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD ABUSE
AND NEGLECT.
SECTION 9. Sections 22.110(a), (b), and (d), Government
Code, are amended to read as follows:
(a) The court of criminal appeals shall assure that judicial
training related to the problems of family violence, sexual
assault, trafficking of persons, and child abuse and neglect is
provided.
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must require each district judge, judge of a statutory county
court, associate judge appointed under Chapter 54A of this code or
Chapter 201, Family Code, master, referee, and magistrate to
complete at least 12 hours of the training within the judge's first
term of office or the judicial officer's first four years of service
and provide a method for certification of completion of that
training. At least four hours of the training must be dedicated to
issues related to trafficking of persons and child abuse and
neglect and must cover at least two of the topics described in
Subsections (d)(8)-(12). At least six hours of the training must be
dedicated to the training described by Subsections (d)(5), (6), and
(7). The rules must require each judge and judicial officer to
complete an additional five hours of training during each
additional term in office or four years of service. At least two
hours of the additional training must be dedicated to issues
related to trafficking of persons and child abuse and neglect. The
rules must exempt from the training requirement of this subsection
each judge or judicial officer who files an affidavit stating that
the judge or judicial officer does not hear any cases involving
family violence, sexual assault, trafficking of persons, or child
abuse and neglect.
(d) The instruction must include information about:
(1) statutory and case law relating to videotaping a
child's testimony and relating to competency of children to
testify;
(2) methods for eliminating the trauma to the child
caused by the court process;
(3) case law, statutory law, and procedural rules
relating to family violence, sexual assault, trafficking of
persons, and child abuse and neglect;
(4) methods for providing protection for victims of
family violence, sexual assault, trafficking of persons, and child
abuse and neglect;
(5) available community and state resources for
counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of family
violence, sexual assault, trafficking of persons, or child abuse
and neglect;
(8) dynamics of sexual abuse of children, including
child abuse accommodation syndrome and grooming;
(9) impact of substance abuse on an unborn child and on
a person's ability to care for a child;
(10) issues of attachment and bonding between children
and caregivers;
(11) issues of child development that pertain to
trafficking of persons and child abuse and neglect; and
(12) medical findings regarding physical abuse,
sexual abuse, trafficking of persons, and child abuse and neglect.
SECTION 10. Section 402.035, Government Code, is amended by
amending Subsections (c), (d), and (h) and adding Subsections (f-1)
and (f-2) to read as follows:
(c) The task force is composed of the following:
(1) the governor or the governor's designee;
(2) the attorney general or the attorney general's
designee;
(3) the executive commissioner of the Health and Human
Services Commission or the executive commissioner's designee;
(4) the commissioner of the Department of Family and
Protective Services or the commissioner's designee;
(5) the commissioner of the Department of State Health
Services or the commissioner's designee;
(6) the public safety director of the Department of
Public Safety or the director's designee;
(7) one representative from each of the following
state agencies, appointed by the chief administrative officer of
the respective agency:
(A) the Texas Workforce Commission;
(B) the Texas Department of Criminal Justice;
(C) the Texas Juvenile Justice Department [Youth
Commission];
(D) the Texas Education Agency [Juvenile
Probation Commission]; [and]
(E) the Texas Alcoholic Beverage Commission;
[and]
(F) the Texas Parks and Wildlife Department; and
(G) the Supreme Court of Texas Permanent Judicial
Commission for Children, Youth and Families; and
(8) as appointed by the attorney general:
(A) a chief public defender employed by a public
defender's office, as defined by Article 26.044(a), Code of
Criminal Procedure, or an attorney designated by the chief public
defender;
(B) an attorney representing the state;
(C) a representative of:
(i) a hotel and motel association;
(ii) a district and county attorneys
association; and
(iii) a state police association;
(D) representatives of sheriff's departments;
(E) representatives of local law enforcement
agencies affected by human trafficking; and
(F) representatives of nongovernmental entities
making comprehensive efforts to combat human trafficking by:
(i) identifying human trafficking victims;
(ii) providing legal or other services to
human trafficking victims;
(iii) participating in community outreach
or public awareness efforts regarding human trafficking;
(iv) providing or developing training
regarding the prevention of human trafficking; or
(v) engaging in other activities designed
to prevent human trafficking.
(d) The task force shall:
(1) collaborate, as needed to fulfill the duties of
the task force, with:
(A) United States Attorneys' Offices [attorneys]
for all of the federal districts of Texas; and
(B) special agents or customs and border
protection officers and border patrol agents of:
(i) the Federal Bureau of Investigation;
(ii) the United States Drug Enforcement
Administration;
(iii) the Bureau of Alcohol, Tobacco,
Firearms and Explosives;
(iv) United States Immigration and Customs
Enforcement; or
(v) the United States Department of
Homeland Security;
(2) collect, organize, and periodically publish
statistical data on the nature and extent of human trafficking in
this state, including data described by Subdivisions (4)(A), (B),
(C), (D), and (E);
(3) solicit cooperation and assistance from state and
local governmental agencies, political subdivisions of the state,
nongovernmental organizations, and other persons, as appropriate,
for the purpose of collecting and organizing statistical data under
Subdivision (2);
(4) ensure that each state or local governmental
agency and political subdivision of the state and each state or
local law enforcement agency, district attorney, or county attorney
that assists in the prevention of human trafficking collects
statistical data related to human trafficking, including, as
appropriate:
(A) the number of investigations concerning,
arrests and prosecutions for, and convictions of:
(i) the offense of trafficking of persons;
and
(ii) the offense of forgery or an offense
under Chapter 43, Penal Code, if committed as part of a criminal
episode involving the trafficking of persons;
(B) demographic information on persons who are
convicted of offenses described by Paragraph (A) and persons who
are the victims of those offenses;
(C) geographic routes by which human trafficking
victims are trafficked, including routes by which victims are
trafficked across this state's international border, and
geographic patterns in human trafficking, including the country or
state of origin and the country or state of destination;
(D) means of transportation and methods used by
persons who engage in trafficking to transport their victims; and
(E) social and economic factors that create a
demand for the labor or services that victims of human trafficking
are forced to provide;
(5) work with the Texas Commission on Law Enforcement
[Officer Standards and Education] to develop and conduct training
for law enforcement personnel, victim service providers, and
medical service providers to identify victims of human trafficking;
(6) work with the Texas Education Agency, the
Department of Family and Protective Services, and the Health and
Human Services Commission to:
(A) develop a list of key indicators that a
person is a victim of human trafficking;
(B) develop a standardized curriculum for
training doctors, nurses, emergency medical services personnel,
teachers, school counselors, school administrators, and personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission to identify and assist victims
of human trafficking;
(C) train doctors, nurses, emergency medical
services personnel, teachers, school counselors, school
administrators, and personnel from the Department of Family and
Protective Services and the Health and Human Services Commission to
identify and assist victims of human trafficking;
(D) develop and conduct training for personnel
from the Department of Family and Protective Services and the
Health and Human Services Commission on methods for identifying
children in foster care who may be at risk of becoming victims of
human trafficking; and
(E) develop a process for referring identified
human trafficking victims and individuals at risk of becoming
victims to appropriate entities for services;
(7) on the request of a judge of a county court, county
court at law, or district court or a county attorney, district
attorney, or criminal district attorney, assist and train the judge
or the judge's staff or the attorney or the attorney's staff in the
recognition and prevention of human trafficking;
(8) examine training protocols related to human
trafficking issues, as developed and implemented by federal, state,
and local law enforcement agencies;
(9) collaborate with state and local governmental
agencies, political subdivisions of the state, and nongovernmental
organizations to implement a media awareness campaign in
communities affected by human trafficking;
(10) develop recommendations on how to strengthen
state and local efforts to prevent human trafficking, protect and
assist human trafficking victims, curb markets and other economic
avenues that facilitate human trafficking and investigate and
prosecute human trafficking offenders; [and]
(11) examine the extent to which human trafficking is
associated with the operation of sexually oriented businesses, as
defined by Section 243.002, Local Government Code, and the
workplace or public health concerns that are created by the
association of human trafficking and the operation of sexually
oriented businesses; and
(12) identify and report to the governor and
legislature on laws, licensure requirements, or other regulations
that can be passed at the state and local level to curb trafficking
using the Internet and in sexually oriented businesses.
(f-1) The following state agencies shall designate an
individual who is authorized to coordinate the agency's resources
to strengthen state and local efforts to prevent human trafficking,
protect and assist human trafficking victims, and investigate and
prosecute human trafficking offenders:
(1) the Texas Alcoholic Beverage Commission;
(2) the Department of Family and Protective Services;
(3) the Department of Public Safety;
(4) the Department of State Health Services;
(5) the Health and Human Services Commission;
(6) the Texas Juvenile Justice Department;
(7) the office of the attorney general; and
(8) the office of the governor.
(f-2) Each state agency shall provide to the task force the
name of the individual designated under Subsection (f-1).
(h) This section expires September 1, 2017 [2015].
SECTION 11. Chapter 772, Government Code, is amended by
adding Section 772.0062 to read as follows:
Sec. 772.0062. CHILD SEX TRAFFICKING PREVENTION UNIT. (a)
In this section:
(1) "Child sex trafficking" means conduct prohibited
under Section 20A.02(a)(7) or (8), Penal Code.
(2) "Unit" means the Child Sex Trafficking Prevention
Unit.
(b) The governor shall establish the Child Sex Trafficking
Prevention Unit within the criminal justice division established
under Section 772.006.
(c) The governor shall appoint a director for the unit to
serve at the pleasure of the governor.
(d) The unit shall:
(1) assist the following agencies in leveraging and
coordinating state resources directed toward child sex trafficking
prevention:
(A) the office of the attorney general;
(B) the Health and Human Services Commission;
(C) the Department of Family and Protective
Services;
(D) the Texas Juvenile Justice Department;
(E) the Department of State Health Services;
(F) the Texas Alcoholic Beverage Commission; and
(G) the Department of Public Safety;
(2) facilitate collaborative efforts among the
agencies under Subdivision (1) to:
(A) prevent child sex trafficking;
(B) recover victims of child sex trafficking; and
(C) place victims of child sex trafficking in
suitable short-term and long-term housing;
(3) collect and analyze research and information in
all areas related to child sex trafficking, and distribute the
research, information, and analyses to the agencies and to relevant
nonprofit organizations;
(4) refer victims of child sex trafficking to
available rehabilitation programs and other resources;
(5) provide support for child sex trafficking
prosecutions; and
(6) develop recommendations for improving state
efforts to prevent child sex trafficking, to be submitted to the
legislature as part of the criminal justice division's biennial
report required under Section 772.006(a)(9).
SECTION 12. Section 20A.03(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, during a period that is
30 or more days in duration, the person engages two or more times in
conduct that constitutes an offense under Section 20A.02 against
one or more victims.
SECTION 13. Chapter 20A, Penal Code, is amended by adding
Section 20A.04 to read as follows:
Sec. 20A.04. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY.
(a) A party to an offense under this chapter may be required to
provide evidence or testify about the offense.
(b) A party to an offense under this chapter may not be
prosecuted for any offense about which the party is required to
provide evidence or testify, and the evidence and testimony may not
be used against the party in any adjudicatory proceeding except a
prosecution for aggravated perjury. For purposes of this
subsection, "adjudicatory proceeding" means a proceeding before a
court or any other agency of government in which the legal rights,
powers, duties, or privileges of specified parties are determined.
(c) A conviction under this chapter may be had on the
uncorroborated testimony of a party to the offense.
SECTION 14. Section 43.02(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if the actor has previously
been convicted one or two times of an offense under this section;
(2) a state jail felony if the actor has previously
been convicted three or more times of an offense under this section;
or
(3) a felony of the second degree if the person
solicited is:
(A) younger than 18 years of age, regardless of
whether the actor knows the age of the person solicited at the time
the actor commits the offense;
(B) represented to the actor as being younger
than 18 years of age; or
(C) believed by the actor to be younger than 18
years of age.
SECTION 15. The change in law made by this Act to Article
12.01, Code of Criminal Procedure, does not apply to an offense if
the prosecution of that offense becomes barred by limitation before
the effective date of this Act. The prosecution of that offense
remains barred as if this Act had not taken effect.
SECTION 16. The changes in law made by this Act to Chapter
56, Code of Criminal Procedure, apply only to a criminal offense
committed or a violation that occurs on or after the effective date
of this Act. A criminal offense committed or a violation that
occurs before the effective date of this Act is governed by the law
in effect on the date the offense was committed or the violation
occurred, and the former law is continued in effect for that
purpose. For purposes of this section, a criminal offense was
committed or a violation occurred before the effective date of this
Act if any element of the offense or violation occurred before that
date.
SECTION 17. The changes in law made by this Act to Article
62.001(5), Code of Criminal Procedure, and Sections 20A.03 and
43.02, Penal Code, 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 18. (a) Not later than December 1, 2015, the
Supreme Court of Texas shall adopt the rules necessary to provide
the training required under Section 22.011, Government Code, as
amended by this Act.
(b) Not later than December 1, 2015, the Texas Court of
Criminal Appeals shall adopt the rules necessary to provide the
training required under Section 22.110, Government Code, as amended
by this Act.
(c) Notwithstanding Section 22.110, Government Code, as
amended by this Act, a judge, master, referee, and magistrate who is
in office on the effective date of this Act must complete the
training required by Section 22.110, Government Code, as amended by
this Act, as applicable, not later than December 1, 2017.
SECTION 19. The change in law made by this Act in adding
Section 20A.04, Penal Code, applies to a criminal proceeding that
commences on or after the effective date of this Act. A criminal
proceeding that commences before the effective date of this Act is
covered by the law in effect when the proceeding commenced, and the
former law is continued in effect for that purpose.
SECTION 20. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 10 was passed by the House on March
17, 2015, by the following vote: Yeas 145, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 10 on May 26, 2015, by the following vote: Yeas 146, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 10 was passed by the Senate, with
amendments, on May 22, 2015, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor