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AN ACT
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rela |
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ting to certain criminal and civil consequences of trafficking |
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of persons, compelling prostitution, and certain other related |
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criminal offenses; to the prevention, prosecution, and punishment |
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of those offenses, and to compensation paid to victims of those |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 12.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 12.01. FELONIES. Except as provided in Article 12.03, |
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felony indictments may be presented within these limits, and not |
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afterward: |
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(1) no limitation: |
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(A) murder and manslaughter; |
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(B) sexual assault under Section 22.011(a)(2), |
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Penal Code, or aggravated sexual assault under Section |
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22.021(a)(1)(B), Penal Code; |
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(C) sexual assault, if during the investigation |
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of the offense biological matter is collected and subjected to |
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forensic DNA testing and the testing results show that the matter |
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does not match the victim or any other person whose identity is |
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readily ascertained; |
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(D) continuous sexual abuse of young child or |
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children under Section 21.02, Penal Code; |
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(E) indecency with a child under Section 21.11, |
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Penal Code; |
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(F) an offense involving leaving the scene of an |
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accident under Section 550.021, Transportation Code, if the |
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accident resulted in the death of a person; |
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(G) trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code; [or] |
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(H) continuous trafficking of persons under |
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Section 20A.03, Penal Code; or |
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(I) compelling prostitution under Section |
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43.05(a)(2), Penal Code; |
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(2) ten years from the date of the commission of the |
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offense: |
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(A) theft of any estate, real, personal or mixed, |
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by an executor, administrator, guardian or trustee, with intent to |
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defraud any creditor, heir, legatee, ward, distributee, |
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beneficiary or settlor of a trust interested in such estate; |
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(B) theft by a public servant of government |
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property over which he exercises control in his official capacity; |
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(C) forgery or the uttering, using or passing of |
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forged instruments; |
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(D) injury to an elderly or disabled individual |
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punishable as a felony of the first degree under Section 22.04, |
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Penal Code; |
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(E) sexual assault, except as provided by |
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Subdivision (1); |
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(F) arson; |
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(G) trafficking of persons under Section |
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20A.02(a)(1), (2), (3), or (4), Penal Code; or |
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(H) compelling prostitution under Section |
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43.05(a)(1), Penal Code; |
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(3) seven years from the date of the commission of the |
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offense: |
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(A) misapplication of fiduciary property or |
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property of a financial institution; |
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(B) securing execution of document by deception; |
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(C) a felony violation under Chapter 162, Tax |
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Code; |
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(D) false statement to obtain property or credit |
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under Section 32.32, Penal Code; |
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(E) money laundering; |
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(F) credit card or debit card abuse under Section |
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32.31, Penal Code; |
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(G) fraudulent use or possession of identifying |
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information under Section 32.51, Penal Code; |
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(H) Medicaid fraud under Section 35A.02, Penal |
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Code; or |
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(I) bigamy under Section 25.01, Penal Code, |
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except as provided by Subdivision (6); |
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(4) five years from the date of the commission of the |
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offense: |
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(A) theft or robbery; |
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(B) except as provided by Subdivision (5), |
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kidnapping or burglary; |
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(C) injury to an elderly or disabled individual |
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that is not punishable as a felony of the first degree under Section |
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22.04, Penal Code; |
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(D) abandoning or endangering a child; or |
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(E) insurance fraud; |
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(5) if the investigation of the offense shows that the |
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victim is younger than 17 years of age at the time the offense is |
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committed, 20 years from the 18th birthday of the victim of one of |
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the following offenses: |
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(A) sexual performance by a child under Section |
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43.25, Penal Code; |
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(B) aggravated kidnapping under Section |
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20.04(a)(4), Penal Code, if the defendant committed the offense |
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with the intent to violate or abuse the victim sexually; or |
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(C) burglary under Section 30.02, Penal Code, if |
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the offense is punishable under Subsection (d) of that section and |
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the defendant committed the offense with the intent to commit an |
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offense described by Subdivision (1)(B) or (D) of this article or |
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Paragraph (B) of this subdivision; |
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(6) ten years from the 18th birthday of the victim of |
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the offense: |
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(A) trafficking of persons under Section |
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20A.02(a)(5) or (6), Penal Code; |
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(B) injury to a child under Section 22.04, Penal |
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Code; or |
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(C) [compelling prostitution under Section
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43.05(a)(2), Penal Code; or
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[(D)] bigamy under Section 25.01, Penal Code, if |
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the investigation of the offense shows that the person, other than |
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the legal spouse of the defendant, whom the defendant marries or |
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purports to marry or with whom the defendant lives under the |
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appearance of being married is younger than 18 years of age at the |
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time the offense is committed; or |
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(7) three years from the date of the commission of the |
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offense: all other felonies. |
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SECTION 2. Article 56.32(a)(14), Code of Criminal |
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Procedure, is amended to read as follows: |
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(14) "Trafficking of persons" means any offense that |
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results in a person engaging in forced labor or services, including |
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sexual conduct, and that may be prosecuted under Section 20A.02, |
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20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code. |
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SECTION 3. Article 56.41, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) Subsection (b)(3) does not apply to a claimant or |
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victim who seeks compensation for criminally injurious conduct that |
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is: |
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(1) in violation of Section 20A.02(a)(7), Penal Code; |
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or |
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(2) trafficking of persons, other than an offense |
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described by Subdivision (1), if the criminally injurious conduct |
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the claimant or victim participated in was the result of force, |
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fraud, or coercion. |
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SECTION 4. Article 56.45, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 56.45. DENIAL OR REDUCTION OF AWARD. (a) The attorney |
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general may deny or reduce an award otherwise payable: |
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(1) if the claimant or victim has not substantially |
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cooperated with an appropriate law enforcement agency; |
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(2) if the claimant or victim bears a share of the |
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responsibility for the act or omission giving rise to the claim |
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because of the claimant's or victim's behavior; |
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(3) to the extent that pecuniary loss is recouped from |
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a collateral source; or |
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(4) if the claimant or victim was engaging in an |
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activity that at the time of the criminally injurious conduct was |
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prohibited by law or a rule made under law. |
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(b) Subsection (a)(4) does not apply to a claimant or victim |
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who seeks compensation for criminally injurious conduct that is: |
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(1) in violation of Section 20A.02(a)(7), Penal Code; |
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or |
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(2) trafficking of persons, other than an offense |
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described by Subdivision (1), if the activity the claimant or |
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victim engaged in was the result of force, fraud, or coercion. |
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SECTION 5. Article 62.001(5), Code of Criminal Procedure, |
|
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is amended to read as follows: |
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(5) "Reportable conviction or adjudication" means a |
|
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.02 (Continuous |
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sexual abuse of young child or children), 21.11 (Indecency with a |
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child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
|
|
assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
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(B) a violation of Section 43.05 (Compelling |
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|
prostitution), 43.25 (Sexual performance by a child), or 43.26 |
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(Possession or promotion of child pornography), Penal Code; |
|
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(B-1) a violation of Section 43.02 |
|
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(Prostitution), Penal Code, if the offense is punishable under |
|
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Subsection (c)(3) of that section; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
|
|
Penal Code, if the offense or conduct is punishable under |
|
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
|
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(Indecent exposure), Penal Code, but not if the second violation |
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results in a deferred adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), (E), or (K); |
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(H) a violation of the laws of another state, |
|
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federal law, the laws of a foreign country, or the Uniform Code of |
|
|
Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
|
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of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), |
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(G), (J), or (K), but not if the violation results in a deferred |
|
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adjudication; |
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(I) the second violation of the laws of another |
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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 |
|
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containing elements that are substantially similar to the elements |
|
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of the offense of indecent exposure, but not if the second violation |
|
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results in a deferred adjudication; |
|
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(J) a violation of Section 33.021 (Online |
|
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solicitation of a minor), Penal Code; or |
|
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(K) a violation of Section 20A.02(a)(3), (4), |
|
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(7), or (8) (Trafficking of persons), Penal Code. |
|
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SECTION 6. Section 38.004(a), Education Code, is amended to |
|
|
read as follows: |
|
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(a) The agency shall develop a policy governing the reports |
|
|
of child abuse or neglect, including reports related to the |
|
|
trafficking of a child under Section 20A.02(a)(5), (6), (7), or |
|
|
(8), Penal Code, as required by Chapter 261, Family Code, for [of] |
|
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school districts, open-enrollment charter schools, and their |
|
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employees. The policy must provide for cooperation with law |
|
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enforcement child abuse investigations without the consent of the |
|
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child's parents if necessary, including investigations by the |
|
|
Department of Family and Protective Services. The policy must |
|
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require each school district and open-enrollment charter school |
|
|
employee to report child abuse or neglect, including the |
|
|
trafficking of a child under Section 20A.02(a)(5) or (7), Penal |
|
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Code, in the manner required by Chapter 261, Family Code. Each |
|
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school district and open-enrollment charter school shall adopt the |
|
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policy. |
|
|
SECTION 7. Section 22.011, Government Code, is amended to |
|
|
read as follows: |
|
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Sec. 22.011. JUDICIAL INSTRUCTION RELATED TO FAMILY |
|
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VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD ABUSE. |
|
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(a) The supreme court shall provide judicial training related to |
|
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the problems of family violence, sexual assault, trafficking of |
|
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persons, and child abuse and to issues concerning sex offender |
|
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characteristics. |
|
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(d) The instruction must include information about: |
|
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(1) statutory and case law relating to videotaping a |
|
|
child's testimony and relating to competency of children to |
|
|
testify; |
|
|
(2) methods for eliminating the trauma to the child |
|
|
caused by the court process; |
|
|
(3) case law, statutory law, and procedural rules |
|
|
relating to family violence, sexual assault, trafficking of |
|
|
persons, and child abuse; |
|
|
(4) methods for providing protection for victims of |
|
|
family violence, sexual assault, trafficking of persons, or child |
|
|
abuse; |
|
|
(5) available community and state resources for |
|
|
counseling and other aid to victims and to offenders; |
|
|
(6) gender bias in the judicial process; |
|
|
(7) dynamics and effects of being a victim of family |
|
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violence, sexual assault, trafficking of persons, or child abuse; |
|
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and |
|
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(8) issues concerning sex offender characteristics. |
|
|
SECTION 8. The heading to Section 22.110, Government Code, |
|
|
is amended to read as follows: |
|
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Sec. 22.110. JUDICIAL INSTRUCTION RELATED TO FAMILY |
|
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VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, AND CHILD ABUSE |
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AND NEGLECT. |
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SECTION 9. Sections 22.110(a), (b), and (d), Government |
|
|
Code, are amended to read as follows: |
|
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(a) The court of criminal appeals shall assure that judicial |
|
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training related to the problems of family violence, sexual |
|
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assault, trafficking of persons, and child abuse and neglect is |
|
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provided. |
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(b) The court of criminal appeals shall adopt the rules |
|
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necessary to accomplish the purposes of this section. The rules |
|
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must require each district judge, judge of a statutory county |
|
|
court, associate judge appointed under Chapter 54A of this code or |
|
|
Chapter 201, Family Code, master, referee, and magistrate to |
|
|
complete at least 12 hours of the training within the judge's first |
|
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term of office or the judicial officer's first four years of service |
|
|
and provide a method for certification of completion of that |
|
|
training. At least four hours of the training must be dedicated to |
|
|
issues related to trafficking of persons and child abuse and |
|
|
neglect and must cover at least two of the topics described in |
|
|
Subsections (d)(8)-(12). At least six hours of the training must be |
|
|
dedicated to the training described by Subsections (d)(5), (6), and |
|
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(7). The rules must require each judge and judicial officer to |
|
|
complete an additional five hours of training during each |
|
|
additional term in office or four years of service. At least two |
|
|
hours of the additional training must be dedicated to issues |
|
|
related to trafficking of persons and child abuse and neglect. The |
|
|
rules must exempt from the training requirement of this subsection |
|
|
each judge or judicial officer who files an affidavit stating that |
|
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the judge or judicial officer does not hear any cases involving |
|
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family violence, sexual assault, trafficking of persons, or child |
|
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abuse and neglect. |
|
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(d) The instruction must include information about: |
|
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(1) statutory and case law relating to videotaping a |
|
|
child's testimony and relating to competency of children to |
|
|
testify; |
|
|
(2) methods for eliminating the trauma to the child |
|
|
caused by the court process; |
|
|
(3) case law, statutory law, and procedural rules |
|
|
relating to family violence, sexual assault, trafficking of |
|
|
persons, and child abuse and neglect; |
|
|
(4) methods for providing protection for victims of |
|
|
family violence, sexual assault, trafficking of persons, and child |
|
|
abuse and neglect; |
|
|
(5) available community and state resources for |
|
|
counseling and other aid to victims and to offenders; |
|
|
(6) gender bias in the judicial process; |
|
|
(7) dynamics and effects of being a victim of family |
|
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violence, sexual assault, trafficking of persons, or child abuse |
|
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and neglect; |
|
|
(8) dynamics of sexual abuse of children, including |
|
|
child abuse accommodation syndrome and grooming; |
|
|
(9) impact of substance abuse on an unborn child and on |
|
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a person's ability to care for a child; |
|
|
(10) issues of attachment and bonding between children |
|
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and caregivers; |
|
|
(11) issues of child development that pertain to |
|
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trafficking of persons and child abuse and neglect; and |
|
|
(12) medical findings regarding physical abuse, |
|
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sexual abuse, trafficking of persons, and child abuse and neglect. |
|
|
SECTION 10. Section 402.035, Government Code, is amended by |
|
|
amending Subsections (c), (d), and (h) and adding Subsections (f-1) |
|
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and (f-2) to read as follows: |
|
|
(c) The task force is composed of the following: |
|
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(1) the governor or the governor's designee; |
|
|
(2) the attorney general or the attorney general's |
|
|
designee; |
|
|
(3) the executive commissioner of the Health and Human |
|
|
Services Commission or the executive commissioner's designee; |
|
|
(4) the commissioner of the Department of Family and |
|
|
Protective Services or the commissioner's designee; |
|
|
(5) the commissioner of the Department of State Health |
|
|
Services or the commissioner's designee; |
|
|
(6) the public safety director of the Department of |
|
|
Public Safety or the director's designee; |
|
|
(7) one representative from each of the following |
|
|
state agencies, appointed by the chief administrative officer of |
|
|
the respective agency: |
|
|
(A) the Texas Workforce Commission; |
|
|
(B) the Texas Department of Criminal Justice; |
|
|
(C) the Texas Juvenile Justice Department [Youth
|
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|
Commission]; |
|
|
(D) the Texas Education Agency [Juvenile
|
|
|
Probation Commission]; [and] |
|
|
(E) the Texas Alcoholic Beverage Commission; |
|
|
[and] |
|
|
(F) the Texas Parks and Wildlife Department; and |
|
|
(G) the Supreme Court of Texas Permanent Judicial |
|
|
Commission for Children, Youth and Families; and |
|
|
(8) as appointed by the attorney general: |
|
|
(A) a chief public defender employed by a public |
|
|
defender's office, as defined by Article 26.044(a), Code of |
|
|
Criminal Procedure, or an attorney designated by the chief public |
|
|
defender; |
|
|
(B) an attorney representing the state; |
|
|
(C) a representative of: |
|
|
(i) a hotel and motel association; |
|
|
(ii) a district and county attorneys |
|
|
association; and |
|
|
(iii) a state police association; |
|
|
(D) representatives of sheriff's departments; |
|
|
(E) representatives of local law enforcement |
|
|
agencies affected by human trafficking; and |
|
|
(F) representatives of nongovernmental entities |
|
|
making comprehensive efforts to combat human trafficking by: |
|
|
(i) identifying human trafficking victims; |
|
|
(ii) providing legal or other services to |
|
|
human trafficking victims; |
|
|
(iii) participating in community outreach |
|
|
or public awareness efforts regarding human trafficking; |
|
|
(iv) providing or developing training |
|
|
regarding the prevention of human trafficking; or |
|
|
(v) engaging in other activities designed |
|
|
to prevent human trafficking. |
|
|
(d) The task force shall: |
|
|
(1) collaborate, as needed to fulfill the duties of |
|
|
the task force, with: |
|
|
(A) United States Attorneys' Offices [attorneys] |
|
|
for all of the federal districts of Texas; and |
|
|
(B) special agents or customs and border |
|
|
protection officers and border patrol agents of: |
|
|
(i) the Federal Bureau of Investigation; |
|
|
(ii) the United States Drug Enforcement |
|
|
Administration; |
|
|
(iii) the Bureau of Alcohol, Tobacco, |
|
|
Firearms and Explosives; |
|
|
(iv) United States Immigration and Customs |
|
|
Enforcement; or |
|
|
(v) the United States Department of |
|
|
Homeland Security; |
|
|
(2) collect, organize, and periodically publish |
|
|
statistical data on the nature and extent of human trafficking in |
|
|
this state, including data described by Subdivisions (4)(A), (B), |
|
|
(C), (D), and (E); |
|
|
(3) solicit cooperation and assistance from state and |
|
|
local governmental agencies, political subdivisions of the state, |
|
|
nongovernmental organizations, and other persons, as appropriate, |
|
|
for the purpose of collecting and organizing statistical data under |
|
|
Subdivision (2); |
|
|
(4) ensure that each state or local governmental |
|
|
agency and political subdivision of the state and each state or |
|
|
local law enforcement agency, district attorney, or county attorney |
|
|
that assists in the prevention of human trafficking collects |
|
|
statistical data related to human trafficking, including, as |
|
|
appropriate: |
|
|
(A) the number of investigations concerning, |
|
|
arrests and prosecutions for, and convictions of: |
|
|
(i) the offense of trafficking of persons; |
|
|
and |
|
|
(ii) the offense of forgery or an offense |
|
|
under Chapter 43, Penal Code, if committed as part of a criminal |
|
|
episode involving the trafficking of persons; |
|
|
(B) demographic information on persons who are |
|
|
convicted of offenses described by Paragraph (A) and persons who |
|
|
are the victims of those offenses; |
|
|
(C) geographic routes by which human trafficking |
|
|
victims are trafficked, including routes by which victims are |
|
|
trafficked across this state's international border, and |
|
|
geographic patterns in human trafficking, including the country or |
|
|
state of origin and the country or state of destination; |
|
|
(D) means of transportation and methods used by |
|
|
persons who engage in trafficking to transport their victims; and |
|
|
(E) social and economic factors that create a |
|
|
demand for the labor or services that victims of human trafficking |
|
|
are forced to provide; |
|
|
(5) work with the Texas Commission on Law Enforcement |
|
|
[Officer Standards and Education] to develop and conduct training |
|
|
for law enforcement personnel, victim service providers, and |
|
|
medical service providers to identify victims of human trafficking; |
|
|
(6) work with the Texas Education Agency, the |
|
|
Department of Family and Protective Services, and the Health and |
|
|
Human Services Commission to: |
|
|
(A) develop a list of key indicators that a |
|
|
person is a victim of human trafficking; |
|
|
(B) develop a standardized curriculum for |
|
|
training doctors, nurses, emergency medical services personnel, |
|
|
teachers, school counselors, school administrators, and personnel |
|
|
from the Department of Family and Protective Services and the |
|
|
Health and Human Services Commission to identify and assist victims |
|
|
of human trafficking; |
|
|
(C) train doctors, nurses, emergency medical |
|
|
services personnel, teachers, school counselors, school |
|
|
administrators, and personnel from the Department of Family and |
|
|
Protective Services and the Health and Human Services Commission to |
|
|
identify and assist victims of human trafficking; |
|
|
(D) develop and conduct training for personnel |
|
|
from the Department of Family and Protective Services and the |
|
|
Health and Human Services Commission on methods for identifying |
|
|
children in foster care who may be at risk of becoming victims of |
|
|
human trafficking; and |
|
|
(E) develop a process for referring identified |
|
|
human trafficking victims and individuals at risk of becoming |
|
|
victims to appropriate entities for services; |
|
|
(7) on the request of a judge of a county court, county |
|
|
court at law, or district court or a county attorney, district |
|
|
attorney, or criminal district attorney, assist and train the judge |
|
|
or the judge's staff or the attorney or the attorney's staff in the |
|
|
recognition and prevention of human trafficking; |
|
|
(8) examine training protocols related to human |
|
|
trafficking issues, as developed and implemented by federal, state, |
|
|
and local law enforcement agencies; |
|
|
(9) collaborate with state and local governmental |
|
|
agencies, political subdivisions of the state, and nongovernmental |
|
|
organizations to implement a media awareness campaign in |
|
|
communities affected by human trafficking; |
|
|
(10) develop recommendations on how to strengthen |
|
|
state and local efforts to prevent human trafficking, protect and |
|
|
assist human trafficking victims, curb markets and other economic |
|
|
avenues that facilitate human trafficking and investigate and |
|
|
prosecute human trafficking offenders; [and] |
|
|
(11) examine the extent to which human trafficking is |
|
|
associated with the operation of sexually oriented businesses, as |
|
|
defined by Section 243.002, Local Government Code, and the |
|
|
workplace or public health concerns that are created by the |
|
|
association of human trafficking and the operation of sexually |
|
|
oriented businesses; and |
|
|
(12) identify and report to the governor and |
|
|
legislature on laws, licensure requirements, or other regulations |
|
|
that can be passed at the state and local level to curb trafficking |
|
|
using the Internet and in sexually oriented businesses. |
|
|
(f-1) The following state agencies shall designate an |
|
|
individual who is authorized to coordinate the agency's resources |
|
|
to strengthen state and local efforts to prevent human trafficking, |
|
|
protect and assist human trafficking victims, and investigate and |
|
|
prosecute human trafficking offenders: |
|
|
(1) the Texas Alcoholic Beverage Commission; |
|
|
(2) the Department of Family and Protective Services; |
|
|
(3) the Department of Public Safety; |
|
|
(4) the Department of State Health Services; |
|
|
(5) the Health and Human Services Commission; |
|
|
(6) the Texas Juvenile Justice Department; |
|
|
(7) the office of the attorney general; and |
|
|
(8) the office of the governor. |
|
|
(f-2) Each state agency shall provide to the task force the |
|
|
name of the individual designated under Subsection (f-1). |
|
|
(h) This section expires September 1, 2017 [2015]. |
|
|
SECTION 11. Chapter 772, Government Code, is amended by |
|
|
adding Section 772.0062 to read as follows: |
|
|
Sec. 772.0062. CHILD SEX TRAFFICKING PREVENTION UNIT. (a) |
|
|
In this section: |
|
|
(1) "Child sex trafficking" means conduct prohibited |
|
|
under Section 20A.02(a)(7) or (8), Penal Code. |
|
|
(2) "Unit" means the Child Sex Trafficking Prevention |
|
|
Unit. |
|
|
(b) The governor shall establish the Child Sex Trafficking |
|
|
Prevention Unit within the criminal justice division established |
|
|
under Section 772.006. |
|
|
(c) The governor shall appoint a director for the unit to |
|
|
serve at the pleasure of the governor. |
|
|
(d) The unit shall: |
|
|
(1) assist the following agencies in leveraging and |
|
|
coordinating state resources directed toward child sex trafficking |
|
|
prevention: |
|
|
(A) the office of the attorney general; |
|
|
(B) the Health and Human Services Commission; |
|
|
(C) the Department of Family and Protective |
|
|
Services; |
|
|
(D) the Texas Juvenile Justice Department; |
|
|
(E) the Department of State Health Services; |
|
|
(F) the Texas Alcoholic Beverage Commission; and |
|
|
(G) the Department of Public Safety; |
|
|
(2) facilitate collaborative efforts among the |
|
|
agencies under Subdivision (1) to: |
|
|
(A) prevent child sex trafficking; |
|
|
(B) recover victims of child sex trafficking; and |
|
|
(C) place victims of child sex trafficking in |
|
|
suitable short-term and long-term housing; |
|
|
(3) collect and analyze research and information in |
|
|
all areas related to child sex trafficking, and distribute the |
|
|
research, information, and analyses to the agencies and to relevant |
|
|
nonprofit organizations; |
|
|
(4) refer victims of child sex trafficking to |
|
|
available rehabilitation programs and other resources; |
|
|
(5) provide support for child sex trafficking |
|
|
prosecutions; and |
|
|
(6) develop recommendations for improving state |
|
|
efforts to prevent child sex trafficking, to be submitted to the |
|
|
legislature as part of the criminal justice division's biennial |
|
|
report required under Section 772.006(a)(9). |
|
|
SECTION 12. Section 20A.03(a), Penal Code, is amended to |
|
|
read as follows: |
|
|
(a) A person commits an offense if, during a period that is |
|
|
30 or more days in duration, the person engages two or more times in |
|
|
conduct that constitutes an offense under Section 20A.02 against |
|
|
one or more victims. |
|
|
SECTION 13. Chapter 20A, Penal Code, is amended by adding |
|
|
Section 20A.04 to read as follows: |
|
|
Sec. 20A.04. ACCOMPLICE WITNESS; TESTIMONY AND IMMUNITY. |
|
|
(a) A party to an offense under this chapter may be required to |
|
|
provide evidence or testify about the offense. |
|
|
(b) A party to an offense under this chapter may not be |
|
|
prosecuted for any offense about which the party is required to |
|
|
provide evidence or testify, and the evidence and testimony may not |
|
|
be used against the party in any adjudicatory proceeding except a |
|
|
prosecution for aggravated perjury. For purposes of this |
|
|
subsection, "adjudicatory proceeding" means a proceeding before a |
|
|
court or any other agency of government in which the legal rights, |
|
|
powers, duties, or privileges of specified parties are determined. |
|
|
(c) A conviction under this chapter may be had on the |
|
|
uncorroborated testimony of a party to the offense. |
|
|
SECTION 14. Section 43.02(c), Penal Code, is amended to |
|
|
read as follows: |
|
|
(c) An offense under this section is a Class B misdemeanor, |
|
|
except that the offense is: |
|
|
(1) a Class A misdemeanor if the actor has previously |
|
|
been convicted one or two times of an offense under this section; |
|
|
(2) a state jail felony if the actor has previously |
|
|
been convicted three or more times of an offense under this section; |
|
|
or |
|
|
(3) a felony of the second degree if the person |
|
|
solicited is: |
|
|
(A) younger than 18 years of age, regardless of |
|
|
whether the actor knows the age of the person solicited at the time |
|
|
the actor commits the offense; |
|
|
(B) represented to the actor as being younger |
|
|
than 18 years of age; or |
|
|
(C) believed by the actor to be younger than 18 |
|
|
years of age. |
|
|
SECTION 15. The change in law made by this Act to Article |
|
|
12.01, Code of Criminal Procedure, 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 16. The changes in law made by this Act to Chapter |
|
|
56, Code of Criminal Procedure, apply only to a criminal offense |
|
|
committed or a violation that occurs on or after the effective date |
|
|
of this Act. A criminal offense committed or a violation that |
|
|
occurs before the effective date of this Act is governed by the law |
|
|
in effect on the date the offense was committed or the violation |
|
|
occurred, and the former law is continued in effect for that |
|
|
purpose. For purposes of this section, a criminal offense was |
|
|
committed or a violation occurred before the effective date of this |
|
|
Act if any element of the offense or violation occurred before that |
|
|
date. |
|
|
SECTION 17. The changes in law made by this Act to Article |
|
|
62.001(5), Code of Criminal Procedure, and Sections 20A.03 and |
|
|
43.02, 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 18. (a) Not later than December 1, 2015, the |
|
|
Supreme Court of Texas shall adopt the rules necessary to provide |
|
|
the training required under Section 22.011, Government Code, as |
|
|
amended by this Act. |
|
|
(b) Not later than December 1, 2015, the Texas Court of |
|
|
Criminal Appeals shall adopt the rules necessary to provide the |
|
|
training required under Section 22.110, Government Code, as amended |
|
|
by this Act. |
|
|
(c) Notwithstanding Section 22.110, Government Code, as |
|
|
amended by this Act, a judge, master, referee, and magistrate who is |
|
|
in office on the effective date of this Act must complete the |
|
|
training required by Section 22.110, Government Code, as amended by |
|
|
this Act, as applicable, not later than December 1, 2017. |
|
|
SECTION 19. The change in law made by this Act in adding |
|
|
Section 20A.04, Penal Code, applies to a criminal proceeding that |
|
|
commences on or after the effective date of this Act. A criminal |
|
|
proceeding that commences before the effective date of this Act is |
|
|
covered by the law in effect when the proceeding commenced, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 20. This Act takes effect September 1, 2015. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 10 was passed by the House on March |
|
|
17, 2015, by the following vote: Yeas 145, Nays 0, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 10 on May 26, 2015, by the following vote: Yeas 146, Nays 0, 2 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 10 was passed by the Senate, with |
|
|
amendments, on May 22, 2015, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |