86R10501 LHC-D
	By: Hunter	H.B. No. 3590

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of and punishment for certain
	trafficking and prostitution offenses and certain other
	consequences of those offenses; increasing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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), 21.09 (Bestiality), 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 43.04 (Aggravated
	promotion of prostitution), 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-1)(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), (K), or (L);
	(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), (K), or (L), 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;
	(K)  a violation of Section 20A.02(a)(3), (4),
	(7), or (8) (Trafficking of persons), Penal Code; or
	(L)  a violation of Section 20A.03 (Continuous
	trafficking of persons), Penal Code, if the offense is based partly
	or wholly on conduct that constitutes an offense under Section
	20A.02(a)(3), (4), (7), or (8) of that code.
	SECTION 2.  Section 20A.02(a-1), Penal Code, is amended to
	read as follows:
	(a-1)  For purposes of Subsection (a)(3), "coercion" as
	defined by Section 1.07 includes:
	(1)  destroying, concealing, confiscating, or
	withholding from a [the] trafficked person, or threatening to
	destroy, conceal, confiscate, or withhold from a [the] trafficked
	person, the [trafficked] person's actual or purported:
	(A) [(1)]  government records; or
	(B) [(2)]  identifying information or documents;
	(2)  causing a trafficked person, without the person's
	consent, to become intoxicated, as defined by Section 49.01, to a
	degree that impairs the person's ability to appraise the nature of
	the prohibited conduct or to resist engaging in that conduct; or
	(3)  withholding alcohol or a controlled substance to a
	degree that impairs the ability of a trafficked person with a
	chemical dependency, as defined by Section 462.001, Health and
	Safety Code, to appraise the nature of the prohibited conduct or to
	resist engaging in that conduct.
	SECTION 3.  Section 43.03(b), Penal Code, is amended to read
	as follows:
	(b)  An offense under this section is a felony of the third
	degree [state jail felony], except that the offense is:
	(1)  a felony of the second [third] degree if the actor
	has been previously convicted of an offense under this section; or
	(2)  a felony of the first [second] degree if the actor
	engages in conduct described by Subsection (a)(1) or (2) involving
	a person younger than 18 years of age engaging in prostitution,
	regardless of whether the actor knows the age of the person at the
	time of the offense.
	SECTION 4.  Section 43.04(b), Penal Code, is amended to read
	as follows:
	(b)  An offense under this section is a felony of the [second
	degree, except that the offense is a felony of the] first degree [if
	the prostitution enterprise uses as a prostitute one or more
	persons younger than 18 years of age, regardless of whether the
	actor knows the age of the person at the time of the offense].
	SECTION 5.  Section 43.05, Penal Code, is amended by
	amending Subsections (a) and (b) and adding Subsection (d) 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; or
	(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.
	(b)  An offense under this section [Subsection (a)(1) is a
	felony of the second degree.     An offense under Subsection (a)(2)]
	is a felony of the first degree.
	(d)  For purposes of this section, "coercion" as defined by
	Section 1.07 includes:
	(1)  destroying, concealing, confiscating, or
	withholding from a person, or threatening to destroy, conceal,
	confiscate, or withhold from a person, the person's actual or
	purported:
	(A)  government records; or
	(B)  identifying information or documents;
	(2)  causing a person, without the person's consent, to
	become intoxicated, as defined by Section 49.01, to a degree that
	impairs the person's ability to appraise the nature of the person's
	conduct that constitutes prostitution or to resist engaging in that
	conduct; or
	(3)  withholding alcohol or a controlled substance to a
	degree that impairs the ability of a person with a chemical
	dependency, as defined by Section 462.001, Health and Safety Code,
	to appraise the nature of the person's conduct that constitutes
	prostitution or to resist engaging in that conduct.
	SECTION 6.  (a)  The change in law made by this Act to Article
	62.001(5), Code of Criminal Procedure, applies only to a person who
	is required to register under Chapter 62, Code of Criminal
	Procedure, on the basis of a conviction or adjudication for or based
	on an offense committed on or after the effective date of this Act.
	A person who is required to register under Chapter 62, Code of
	Criminal Procedure, solely on the basis of a conviction or
	adjudication for or based on 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.
	(b)  The changes in law made by this Act to Sections 20A.02,
	43.03, 43.04, and 43.05, 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.
	(c)  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 7.  This Act takes effect September 1, 2019.