Bill Text: TX HB934 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the prosecution of the offense of trafficking of persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB934 Detail]
Download: Texas-2019-HB934-Comm_Sub.html
86R21864 LHC-D | |||
By: Shaheen | H.B. No. 934 | ||
Substitute the following for H.B. No. 934: | |||
By: Zedler | C.S.H.B. No. 934 |
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relating to the prosecution of the offense of trafficking of | ||
persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 20A.02, Penal Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) A person commits an offense if the person [ |
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(1) knowingly traffics another person with the intent | ||
that the trafficked person engage in forced labor or services; | ||
(2) knowingly 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) knowingly 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); | ||
(C) Section 43.04 (Aggravated Promotion of | ||
Prostitution); or | ||
(D) Section 43.05 (Compelling Prostitution); | ||
(4) either: | ||
(A) in the course of engaging in conduct that | ||
constitutes an offense under Section 43.02(b), engages in sexual | ||
conduct with a person trafficked in the manner described by | ||
Subdivision (3), regardless of whether the actor knows that the | ||
person has been trafficked in the manner described by that | ||
subdivision; or | ||
(B) knowingly receives a benefit from | ||
participating in a venture that involves an activity described by | ||
Subdivision (3) [ |
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(5) knowingly traffics a child with the intent that | ||
the trafficked child engage in forced labor or services; | ||
(6) knowingly 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) knowingly traffics a child and by any means causes | ||
the trafficked child to engage in, or become the victim of, conduct | ||
prohibited by: | ||
(A) Section 21.02 (Continuous Sexual Abuse of | ||
Young Child or Children); | ||
(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); | ||
(F) Section 43.03 (Promotion of Prostitution); | ||
(G) Section 43.04 (Aggravated 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) either: | ||
(A) in the course of engaging in conduct that | ||
constitutes an offense under Section 43.02(b), engages in sexual | ||
conduct with a child trafficked in the manner described by | ||
Subdivision (7), regardless of whether the actor knows that the | ||
child has been trafficked in the manner described by that | ||
subdivision; or | ||
(B) knowingly receives a benefit from | ||
participating in a venture that involves an activity described by | ||
Subdivision (7) [ |
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(b) Except as otherwise provided by Subsection (b-1) [ |
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degree and an offense under Subsection (a)(4)(A) is a state jail | ||
felony. | ||
(b-1) 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 at the time of the offense; | ||
(2) the commission of the offense results in 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. | ||
SECTION 2. 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)(1) [ |
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([ |
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(B) Section 21.02 (Continuous Sexual Abuse of | ||
Young Child or Children); | ||
(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 3. The changes in law made by this Act 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 4. This Act takes effect September 1, 2019. |