Bill Text: TX SB1718 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to provisions to enable the prevention and prosecution of trafficking of persons and certain sexual offenses committed against children and to the commission of civil racketeering related to the trafficking of persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-26 - Referred to Jurisprudence [SB1718 Detail]
Download: Texas-2021-SB1718-Introduced.html
87R9363 EAS/JES-D | ||
By: Hughes | S.B. No. 1718 |
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relating to provisions to enable the prevention and prosecution of | ||
trafficking of persons and certain sexual offenses committed | ||
against children and to the commission of civil racketeering | ||
related to the trafficking of persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 140A.002, Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
Sec. 140A.002. CIVIL RACKETEERING. A person or enterprise | ||
commits racketeering if, for financial gain, the person or | ||
enterprise commits an offense under Chapter 20A, Penal Code | ||
(trafficking of persons)[ |
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SECTION 2. 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 | ||
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; | ||
(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 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 (8) [ |
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(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) 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 (7) [ |
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(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) [ |
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20.04(a)(4), Penal Code, if the defendant committed the offense | ||
with the intent to violate or abuse the victim sexually; or | ||
(B) [ |
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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 (A) [ |
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(6) 20 years from the 18th birthday of the victim of | ||
one of the following offenses: | ||
(A) trafficking of persons under Section | ||
20A.02(a)(5) or (6), Penal Code; or | ||
(B) sexual performance by a child under Section | ||
43.25, Penal Code; | ||
(7) ten years from the 18th birthday of the victim of | ||
the offense: | ||
(A) [ |
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[ |
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Penal Code; or | ||
(B) [ |
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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; | ||
(8) [ |
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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 3. 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 4. Section 20A.01, Penal Code, is amended by adding | ||
Subdivision (1-a) to read as follows: | ||
(1-a) "Coercion" as defined by Section 1.07 includes: | ||
(A) destroying, concealing, confiscating, or | ||
withholding from a trafficked person, or threatening to destroy, | ||
conceal, confiscate, or withhold from a trafficked person, the | ||
person's actual or purported: | ||
(i) government records; or | ||
(ii) identifying information or documents; | ||
(B) 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 or resist engaging in any conduct, including performing | ||
or providing labor or services; or | ||
(C) 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 or resist engaging | ||
in any conduct, including performing or providing labor or | ||
services. | ||
SECTION 5. 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); | ||
(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) 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); | ||
(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) 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 6. STUDY REGARDING REGULATION OF UNMANNED TELLER | ||
MACHINES FOR PREVENTION OF HUMAN TRAFFICKING. (a) In this section: | ||
(1) "Department" means the Texas Department of | ||
Banking. | ||
(2) "Unmanned teller machine" has the meaning assigned | ||
by Section 59.301, Finance Code. | ||
(b) The department shall conduct a study to assess the | ||
efficacy and feasibility of regulating unmanned teller machines for | ||
the purpose of preventing human trafficking. | ||
(c) In conducting the study, the department shall consider: | ||
(1) regulation of unmanned teller machines | ||
implemented in other states; | ||
(2) the resources necessary to effectively regulate | ||
unmanned teller machines; and | ||
(3) the efficacy, for the purpose of preventing human | ||
trafficking, of regulating unmanned teller machines in specific | ||
locations, including in: | ||
(A) sexually oriented businesses, as that term is | ||
defined by Section 243.002, Local Government Code; | ||
(B) massage parlors, as that term is defined by | ||
Section 234.101, Local Government Code; and | ||
(C) establishments, including bars, open to the | ||
public that primarily sell and serve alcoholic beverages for | ||
on-premises consumption. | ||
(d) Not later than December 1, 2022, the department shall | ||
submit a report to each member of the legislature that includes the | ||
results of the study conducted under Subsection (b) of this section | ||
and any recommendations of the department related to the study and | ||
statutory changes necessary to regulate unmanned teller machines | ||
for the purpose of preventing human trafficking. | ||
(e) This section expires September 1, 2023. | ||
SECTION 7. Section 20A.02(a-1), Penal Code, is repealed. | ||
SECTION 8. The change in law made by this Act to Section | ||
140A.002, Civil Practice and Remedies Code, applies only to a cause | ||
of action that accrues on or after the effective date of this Act. A | ||
cause of action that accrued before the effective date of this Act | ||
is governed by the law applicable to the cause of action immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
SECTION 9. Article 12.01, Code of Criminal Procedure, as | ||
amended by this Act, 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 10. The changes in law made by this Act to Article | ||
38.37, Code of Criminal Procedure, and Sections 20A.01 and 20A.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 11. This Act takes effect September 1, 2021. |