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A BILL TO BE ENTITLED
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AN ACT
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relating to prevention of coerced abortions and human trafficking; |
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creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.273 to read as follows: |
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Art. 2.273. INVESTIGATION OF ALLEGATION OF COERCED ABORTION |
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OR HUMAN TRAFFICKING. (a) On receipt of a report or other |
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complaint alleging a violation of Section 20A.02 or 25.12, Penal |
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Code, the appropriate law enforcement agency shall investigate the |
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allegation and write a report not later than 12 hours after receipt |
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of the allegation. |
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(b) A law enforcement agency must make the written report in |
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response to each allegation under this article regardless of |
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whether the agency knows that a report about the allegation was |
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previously made by another law enforcement agency. |
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SECTION 2. Chapter 25, Penal Code, is amended by adding |
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Section 25.12 to read as follows: |
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Sec. 25.12. COERCION OF ABORTION. (a) A person commits an |
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offense if the person uses coercion to cause a pregnant woman to |
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have or seek an abortion, unless: |
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(1) the pregnant woman is younger than 18 years of age; |
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and |
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(2) the actor is the parent, conservator, or guardian |
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of the pregnant woman. |
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(b) An offense under this section is a Class A misdemeanor. |
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(c) A person who in good faith reports to law enforcement |
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authorities a suspected offense under Subsection (a) is immune from |
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civil liability in an action brought against the person for |
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reporting the suspected offense. |
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SECTION 3. Section 261.001(1), Family Code, is amended to |
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read as follows: |
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(1) "Abuse" includes the following acts or omissions |
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by a person: |
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(A) mental or emotional injury to a child that |
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results in an observable and material impairment in the child's |
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growth, development, or psychological functioning; |
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(B) causing or permitting the child to be in a |
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situation in which the child sustains a mental or emotional injury |
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that results in an observable and material impairment in the |
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child's growth, development, or psychological functioning; |
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(C) physical injury that results in substantial |
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harm to the child, or the genuine threat of substantial harm from |
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physical injury to the child, including an injury that is at |
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variance with the history or explanation given and excluding an |
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accident or reasonable discipline by a parent, guardian, or |
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managing or possessory conservator that does not expose the child |
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to a substantial risk of harm; |
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(D) failure to make a reasonable effort to |
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prevent an action by another person that results in physical injury |
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that results in substantial harm to the child; |
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(E) sexual conduct harmful to a child's mental, |
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emotional, or physical welfare, including conduct that constitutes |
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the offense of continuous sexual abuse of young child or children |
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under Section 21.02, Penal Code, indecency with a child under |
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Section 21.11, Penal Code, sexual assault under Section 22.011, |
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Penal Code, or aggravated sexual assault under Section 22.021, |
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Penal Code; |
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(F) failure to make a reasonable effort to |
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prevent sexual conduct harmful to a child; |
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(G) compelling or encouraging the child to engage |
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in sexual conduct as defined by Section 43.01, Penal Code, |
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including compelling or encouraging the child in a manner that |
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constitutes an offense of trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code, prostitution under Section |
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43.02(b), Penal Code, or compelling prostitution under Section |
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43.05(a)(2), Penal Code; |
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(H) causing, permitting, encouraging, engaging |
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in, or allowing the photographing, filming, or depicting of the |
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child if the person knew or should have known that the resulting |
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photograph, film, or depiction of the child is obscene as defined by |
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Section 43.21, Penal Code, or pornographic; |
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(I) the current use by a person of a controlled |
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substance as defined by Chapter 481, Health and Safety Code, in a |
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manner or to the extent that the use results in physical, mental, or |
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emotional injury to a child; |
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(J) causing, expressly permitting, or |
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encouraging a child to use a controlled substance as defined by |
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Chapter 481, Health and Safety Code; |
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(K) causing, permitting, encouraging, engaging |
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in, or allowing a sexual performance by a child as defined by |
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Section 43.25, Penal Code; [or] |
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(L) knowingly causing, permitting, encouraging, |
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engaging in, or allowing a child to be trafficked in a manner |
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punishable as an offense under Section 20A.02(a)(5), (6), (7), or |
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(8), Penal Code, or the failure to make a reasonable effort to |
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prevent a child from being trafficked in a manner punishable as an |
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offense under any of those sections; or |
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(M) coercing or forcing a child to have or seek an |
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abortion. |
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SECTION 4. Article 2.273, Code of Criminal Procedure, as |
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added by this Act, applies to an allegation made on or after the |
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effective date of this Act, regardless of whether the conduct that |
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is the subject of the allegation occurred before, on, or after that |
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date. |
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SECTION 5. This Act takes effect September 1, 2017. |