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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of trafficking of |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20A.02, Penal Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) A person commits an offense if the person [knowingly]: |
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(1) knowingly traffics another person with the intent |
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that the trafficked person engage in forced labor or services; |
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(2) knowingly receives a benefit from participating in |
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a venture that involves an activity described by Subdivision (1), |
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including by receiving labor or services the person knows are |
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forced labor or services; |
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(3) knowingly traffics another person and, through |
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force, fraud, or coercion, causes the trafficked person to engage |
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in conduct prohibited by: |
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(A) Section 43.02 (Prostitution); |
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(B) Section 43.03 (Promotion of Prostitution); |
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(B-1) Section 43.031 (Online Promotion of |
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Prostitution); |
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(C) Section 43.04 (Aggravated Promotion of |
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Prostitution); |
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(C-1) Section 43.041 (Aggravated Online |
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Promotion of Prostitution); or |
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(D) Section 43.05 (Compelling Prostitution); |
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(4) either: |
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(A) in the course of engaging in conduct that |
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constitutes an offense under Section 43.02(b), engages in sexual |
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conduct with a person trafficked in the manner described by |
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Subdivision (3), regardless of whether the actor knows that the |
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person has been trafficked in the manner described by that |
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subdivision; or |
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(B) knowingly receives a benefit from |
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participating in a venture that involves an activity described by |
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Subdivision (3) [or engages in sexual conduct with a person |
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trafficked in the manner described in Subdivision (3)]; |
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(5) knowingly traffics a child with the intent that |
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the trafficked child engage in forced labor or services; |
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(6) knowingly receives a benefit from participating in |
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a venture that involves an activity described by Subdivision (5), |
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including by receiving labor or services the person knows are |
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forced labor or services; |
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(7) knowingly traffics a child and by any means causes |
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the trafficked child to engage in, or become the victim of, conduct |
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prohibited by: |
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(A) Section 21.02 (Continuous Sexual Abuse of |
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Young Child or Children); |
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(B) Section 21.11 (Indecency with a Child); |
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(C) Section 22.011 (Sexual Assault); |
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(D) Section 22.021 (Aggravated Sexual Assault); |
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(E) Section 43.02 (Prostitution); |
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(F) Section 43.03 (Promotion of Prostitution); |
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(F-1) Section 43.031 (Online Promotion of |
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Prostitution); |
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(G) Section 43.04 (Aggravated Promotion of |
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Prostitution); |
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(G-1) Section 43.041 (Aggravated Online |
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Promotion of Prostitution); |
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(H) Section 43.05 (Compelling Prostitution); |
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(I) Section 43.25 (Sexual Performance by a |
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Child); |
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(J) Section 43.251 (Employment Harmful to |
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Children); or |
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(K) Section 43.26 (Possession or Promotion of |
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Child Pornography); or |
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(8) either: |
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(A) in the course of engaging in conduct that |
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constitutes an offense under Section 43.02(b), engages in sexual |
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conduct with a child trafficked in the manner described by |
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Subdivision (7), regardless of whether the actor knows that the |
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child has been trafficked in the manner described by that |
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subdivision; or |
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(B) knowingly receives a benefit from |
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participating in a venture that involves an activity described by |
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Subdivision (7) [or engages in sexual conduct with a child |
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trafficked in the manner described in Subdivision (7)]. |
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(b) Except as otherwise provided by Subsection (b-1) [this |
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subsection], an offense under this section is a felony of the second |
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degree and an offense under Subsection (a)(4)(A) is a state jail |
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felony. |
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(b-1) An offense under this section is a felony of the first |
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degree if: |
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(1) the applicable conduct constitutes an offense |
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under Subsection (a)(5), (6), (7), or (8), regardless of whether |
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the actor knows the age of the child at the time of the offense; |
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(2) the commission of the offense results in the death |
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of the person who is trafficked; or |
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(3) the commission of the offense results in the death |
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of an unborn child of the person who is trafficked. |
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SECTION 2. Section 2(a), Article 38.37, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Subsection (b) applies only to the trial of a defendant |
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for: |
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(1) an offense under any of the following provisions |
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of the Penal Code: |
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(A) Section 20A.02, if punishable as a felony of |
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the first degree under Section 20A.02(b-1)(1) [20A.02(b)(1)] |
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([Sex] Trafficking of a Child); |
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(B) Section 21.02 (Continuous Sexual Abuse of |
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Young Child or Children); |
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(C) Section 21.11 (Indecency With a Child); |
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(D) Section 22.011(a)(2) (Sexual Assault of a |
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Child); |
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(E) Sections 22.021(a)(1)(B) and (2) (Aggravated |
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Sexual Assault of a Child); |
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(F) Section 33.021 (Online Solicitation of a |
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Minor); |
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(G) Section 43.25 (Sexual Performance by a |
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Child); or |
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(H) Section 43.26 (Possession or Promotion of |
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Child Pornography), Penal Code; or |
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(2) an attempt or conspiracy to commit an offense |
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described by Subdivision (1). |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |