Bill Text: TX HB3979 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the investigation and prosecution of criminal offenses involving the trafficking of persons.
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2019-04-26 - Committee report sent to Calendars [HB3979 Detail]
Download: Texas-2019-HB3979-Comm_Sub.html
| 86R27378 JRR-F | |||
| By: Leach, Bonnen of Galveston | H.B. No. 3979 | ||
| Substitute the following for H.B. No. 3979: | |||
| By: Collier | C.S.H.B. No. 3979 | ||
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| relating to the investigation and prosecution of criminal offenses | ||
| involving the trafficking of persons. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 13.12, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 13.12. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT, | ||
| KIDNAPPING, AND SMUGGLING OF PERSONS. (a) Venue for trafficking | ||
| of persons, false imprisonment, kidnapping, and smuggling of | ||
| persons is in: | ||
| (1) the county in which the offense was committed; or | ||
| (2) any county through, into, or out of which the | ||
| person trafficked, falsely imprisoned, kidnapped, or transported | ||
| may have been taken. | ||
| (b) If a defendant commits an offense under Chapter 20A, | ||
| Penal Code, that is part of a criminal episode, as defined by | ||
| Section 3.01, Penal Code, all of the offenses arising out of the | ||
| same criminal episode may be prosecuted in any county that has venue | ||
| over an offense constituting part of that criminal episode. | ||
| SECTION 2. Chapter 20A, Penal Code, is amended by adding | ||
| Section 20A.05 to read as follows: | ||
| Sec. 20A.05. FORWARDING OF CASE INFORMATION ON COMPLETION | ||
| OF INVESTIGATION BY CERTAIN STATE AGENCIES. On completion of an | ||
| investigation of an offense under this chapter that is conducted by | ||
| a state agency other than the office of the attorney general, the | ||
| state agency shall forward copies of each offense report prepared | ||
| in the investigation and all other case information to: | ||
| (1) the appropriate local county or district attorney; | ||
| and | ||
| (2) the attorney general. | ||
| SECTION 3. Title 5, Penal Code, is amended by adding Chapter | ||
| 20B to read as follows: | ||
| CHAPTER 20B. CONCURRENT JURISDICTION IN CASES INVOLVING | ||
| TRAFFICKING OF PERSONS | ||
| Sec. 20B.01. DEFINITION. In this chapter, "criminal | ||
| episode" has the meaning assigned by Section 3.01. | ||
| Sec. 20B.02. PROSECUTION BY ATTORNEY GENERAL IN | ||
| MULTIJURISDICTIONAL CASES AUTHORIZED. (a) The attorney general | ||
| may prosecute an offense under Chapter 20A if the offense or any | ||
| element of the offense: | ||
| (1) occurs in more than one county in this state; or | ||
| (2) occurs in a county in this state as well as in | ||
| another state or country. | ||
| (b) The attorney general may prosecute any other offense | ||
| that occurs in this state and arises out of the same criminal | ||
| episode as an offense described by Subsection (a). | ||
| (c) The attorney general may appear before a grand jury in | ||
| connection with an offense the attorney general is authorized to | ||
| prosecute under this section. | ||
| (d) The authority to prosecute prescribed by this section | ||
| does not affect the authority derived from other law to prosecute | ||
| the same offenses. | ||
| Sec. 20B.03. SINGLE JURISDICTIONAL CASE: CONCURRENT | ||
| JURISDICTION FOLLOWING LOCAL PROSECUTOR'S RIGHT OF FIRST REFUSAL. | ||
| (a) This section does not apply to an offense described by Section | ||
| 20B.02(a). | ||
| (b) Not later than the 30th day after the date a local county | ||
| or district attorney becomes aware of conduct that may constitute | ||
| an offense under Chapter 20A, the local county or district attorney | ||
| shall notify the attorney general in writing of the conduct. The | ||
| notice provided under this subsection must describe the conduct | ||
| that may constitute an offense under Chapter 20A and must describe | ||
| or otherwise identify each person suspected at that time of having | ||
| engaged in the conduct. | ||
| (c) If a local county or district attorney described by | ||
| Subsection (b) determines that the attorney will not pursue a | ||
| criminal investigation of the applicable conduct or will not | ||
| prosecute a criminal charge in relation to that conduct, the local | ||
| county or district attorney shall notify the attorney general of | ||
| that determination not later than the 30th day after the date of the | ||
| determination. On receipt of notice under this subsection, the | ||
| attorney general may begin a criminal investigation of the | ||
| applicable conduct and may prosecute: | ||
| (1) any offense under Chapter 20A relating to the | ||
| attorney general's investigation of that conduct; and | ||
| (2) any other offense arising out of the same criminal | ||
| episode. | ||
| Sec. 20B.04. EXPIRATION. This chapter expires September 1, | ||
| 2031. | ||
| SECTION 4. The changes in law made by this Act apply only to | ||
| the investigation and prosecution of an offense committed on or | ||
| after the effective date of this Act. The investigation and | ||
| prosecution of 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 5. This Act takes effect September 1, 2019. | ||
