Bill Text: TX HB1004 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of those offenses.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-05 - Referred to Criminal Justice [HB1004 Detail]
Download: Texas-2023-HB1004-Engrossed.html
By: Shaheen, Bhojani, Noble, Garcia | H.B. No. 1004 |
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relating to the prosecution of the offenses of trafficking of | ||
persons and compelling prostitution and to certain consequences of | ||
those offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 20A.01, Penal Code, is amended by adding | ||
Subdivision (1-b) to read as follows: | ||
(1-b) "Disabled individual" has the meaning assigned | ||
by Section 22.021(b). | ||
SECTION 2. Sections 20A.02(a) and (b), Penal Code, are | ||
amended to read as follows: | ||
(a) A person commits an offense if the person knowingly: | ||
(1) traffics another person with the intent that the | ||
trafficked person engage in forced labor or services; | ||
(2) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (1), including | ||
by receiving labor or services the person knows are forced labor or | ||
services; | ||
(3) traffics another person and, through force, fraud, | ||
or coercion, causes the trafficked person to engage in conduct | ||
prohibited by: | ||
(A) Section 43.02 (Prostitution); | ||
(B) Section 43.03 (Promotion of Prostitution); | ||
(B-1) Section 43.031 (Online Promotion of | ||
Prostitution); | ||
(C) Section 43.04 (Aggravated Promotion of | ||
Prostitution); | ||
(C-1) Section 43.041 (Aggravated Online | ||
Promotion of Prostitution); or | ||
(D) Section 43.05 (Compelling Prostitution); | ||
(4) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (3) or engages | ||
in sexual conduct with a person trafficked in the manner described | ||
in Subdivision (3); | ||
(5) traffics a child or disabled individual with the | ||
intent that the trafficked child or person engage in forced labor or | ||
services; | ||
(6) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (5), including | ||
by receiving labor or services the person knows are forced labor or | ||
services; | ||
(7) traffics a child or disabled individual and by any | ||
means causes the trafficked child or person to engage in, or become | ||
the victim of, conduct prohibited by: | ||
(A) Section 21.02 (Continuous Sexual Abuse of | ||
Young Child or Disabled Individual); | ||
(B) Section 21.11 (Indecency with a Child); | ||
(C) Section 22.011 (Sexual Assault); | ||
(D) Section 22.021 (Aggravated Sexual Assault); | ||
(E) Section 43.02 (Prostitution); | ||
(E-1) Section 43.021 (Solicitation of | ||
Prostitution); | ||
(F) Section 43.03 (Promotion of Prostitution); | ||
(F-1) Section 43.031 (Online Promotion of | ||
Prostitution); | ||
(G) Section 43.04 (Aggravated Promotion of | ||
Prostitution); | ||
(G-1) Section 43.041 (Aggravated Online | ||
Promotion of Prostitution); | ||
(H) Section 43.05 (Compelling Prostitution); | ||
(I) Section 43.25 (Sexual Performance by a | ||
Child); | ||
(J) Section 43.251 (Employment Harmful to | ||
Children); or | ||
(K) Section 43.26 (Possession or Promotion of | ||
Child Pornography); or | ||
(8) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (7) or engages | ||
in sexual conduct with a child or disabled individual who is | ||
trafficked in the manner described in Subdivision (7). | ||
(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 | ||
individual is disabled at the time of the offense; | ||
(2) the commission of the offense results in the death | ||
of the person who is trafficked; | ||
(3) the commission of the offense results in the death | ||
of an unborn child of the person who is trafficked; or | ||
(4) the actor recruited, enticed, or obtained the | ||
trafficked person [ |
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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. | ||
SECTION 3. Section 43.05(a), Penal Code, is amended to read | ||
as follows: | ||
(a) A person commits an offense if the person knowingly: | ||
(1) causes another by force, threat, coercion, or | ||
fraud to commit prostitution; [ |
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(2) causes by any means a child younger than 18 years | ||
to commit prostitution, regardless of whether the actor knows the | ||
age of the child at the time of the offense; or | ||
(3) causes by any means a disabled individual, as | ||
defined by Section 20A.01, to commit prostitution, regardless of | ||
whether the actor knows the individual is disabled at the time of | ||
the offense. | ||
SECTION 4. Section 16.0045(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) A person must bring suit for personal injury not later | ||
than 30 years after the day the cause of action accrues if the | ||
injury arises as a result of conduct that violates: | ||
(1) Section 22.011(a)(2), Penal Code (sexual assault | ||
of a child); | ||
(2) Section 22.021(a)(1)(B), Penal Code (aggravated | ||
sexual assault of a child); | ||
(3) Section 21.02, Penal Code (continuous sexual abuse | ||
of young child or disabled individual); | ||
(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or | ||
Section 20A.02(a)(8), Penal Code, involving an activity described | ||
by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct | ||
with a child or disabled individual who is trafficked in the manner | ||
described by Section 20A.02(a)(7), Penal Code (certain sexual | ||
trafficking [ |
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(5) Section 43.05(a)(2) or (3), Penal Code (compelling | ||
prostitution by a child or disabled individual); or | ||
(6) Section 21.11, Penal Code (indecency with a | ||
child). | ||
SECTION 5. 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: | ||
(i) during the investigation of the offense | ||
biological matter is collected and the matter: | ||
(a) has not yet been subjected to | ||
forensic DNA testing; or | ||
(b) has been 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; or | ||
(ii) probable cause exists to believe that | ||
the defendant has committed the same or a similar sex offense | ||
against five or more victims; | ||
(D) continuous sexual abuse of young child or | ||
disabled individual 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; | ||
(H) continuous trafficking of persons under | ||
Section 20A.03, Penal Code; or | ||
(I) compelling prostitution under Section | ||
43.05(a)(2) or (3), 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 the public servant exercises control in the | ||
public servant's 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) or (7); | ||
(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) fraudulent securing of document execution; | ||
(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) exploitation of a child, elderly individual, | ||
or disabled individual under Section 32.53, Penal Code; | ||
(I) health care fraud under Section 35A.02, Penal | ||
Code; or | ||
(J) 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 a child [ |
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Section 20A.02(a)(5) or (6), Penal Code; | ||
(B) injury to a child under Section 22.04, Penal | ||
Code; or | ||
(C) 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; | ||
(7) ten years from the date the offense was | ||
discovered: trafficking of a disabled individual under Section | ||
20A.02(a)(5) or (6), Penal Code; | ||
(8) two years from the date the offense was | ||
discovered: sexual assault punishable as a state jail felony under | ||
Section 22.011(f)(2), Penal Code; or | ||
(9) [ |
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of the offense: all other felonies. | ||
SECTION 6. Section 2(a), Article 38.37, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) Subsection (b) applies only to the trial of a defendant | ||
for: | ||
(1) an offense under any of the following provisions | ||
of the Penal Code: | ||
(A) Section 20A.02, if punishable as a felony of | ||
the first degree under Section 20A.02(b)(1) (Labor or Sex | ||
Trafficking of a Child or Disabled Individual); | ||
(B) Section 21.02 (Continuous Sexual Abuse of | ||
Young Child or Disabled Individual); | ||
(C) Section 21.11 (Indecency With a Child); | ||
(D) Section 22.011(a)(2) (Sexual Assault of a | ||
Child); | ||
(E) Sections 22.021(a)(1)(B) and (2) (Aggravated | ||
Sexual Assault of a Child); | ||
(F) Section 33.021 (Online Solicitation of a | ||
Minor); | ||
(G) Section 43.25 (Sexual Performance by a | ||
Child); or | ||
(H) Section 43.26 (Possession or Promotion of | ||
Child Pornography), Penal Code; or | ||
(2) an attempt or conspiracy to commit an offense | ||
described by Subdivision (1). | ||
SECTION 7. Article 62.101(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) Except as provided by Subsection (b) and Subchapter I, | ||
the duty to register for a person ends when the person dies if the | ||
person has a reportable conviction or adjudication, other than an | ||
adjudication of delinquent conduct, for: | ||
(1) a sexually violent offense; | ||
(2) an offense under Section 20A.02(a)(3), (4), (7), | ||
or (8), 25.02, 43.05(a)(2) or (3), or 43.26, Penal Code; | ||
(3) an offense under Section 20A.03, Penal Code, if | ||
based partly or wholly on conduct that constitutes an offense under | ||
Section 20A.02(a)(3), (4), (7), or (8) of that code; | ||
(4) an offense under Section 21.11(a)(2), Penal Code, | ||
if before or after the person is convicted or adjudicated for the | ||
offense under Section 21.11(a)(2), Penal Code, the person receives | ||
or has received another reportable conviction or adjudication, | ||
other than an adjudication of delinquent conduct, for an offense or | ||
conduct that requires registration under this chapter; | ||
(5) an offense under Section 20.02, 20.03, or 20.04, | ||
Penal Code, if: | ||
(A) the judgment in the case contains an | ||
affirmative finding under Article 42.015 or, for a deferred | ||
adjudication, the papers in the case contain an affirmative finding | ||
that the victim or intended victim was younger than 17 years of age; | ||
and | ||
(B) before or after the person is convicted or | ||
adjudicated for the offense under Section 20.02, 20.03, or 20.04, | ||
Penal Code, the person receives or has received another reportable | ||
conviction or adjudication, other than an adjudication of | ||
delinquent conduct, for an offense or conduct that requires | ||
registration under this chapter; or | ||
(6) an offense under Section 43.23, Penal Code, that | ||
is punishable under Subsection (h) of that section. | ||
SECTION 8. Section 772.0062(a)(1), Government Code, is | ||
amended to read as follows: | ||
(1) "Child sex trafficking" means conduct | ||
constituting an offense [ |
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(8), Penal Code, that is committed against a child. | ||
SECTION 9. 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 10. To the extent of any conflict, this Act prevails | ||
over another Act of the 88th Legislature, Regular Session, 2023, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 11. This Act takes effect September 1, 2023. |