BILL ANALYSIS

H.B. 2603

By: Hull

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Last session, the 87th Legislature passed H.B. 1540 by Rep. Senfronia Thompson that enhanced a trafficking of persons offense to a first degree felony if the offense occurs in a location that was on the premises of or within 1,000 feet of the premises of a school or on the premises or within 1,000 feet of premises where an official school function was taking place or where an event sponsored or sanctioned by the UIL was taking place and made it punishable by imprisonment for a term not less than 25 years. In the interests of further protecting children from trafficking, this same penalty should be applied to trafficking of persons offenses committed at other locations that are known targets for child traffickers, particularly those that serve our most vulnerable youth. H.B. 2603 seeks to extend this enhanced penalty to trafficking of persons offenses that are committed within 1,000 feet of a juvenile detention facility, a post-adjudication secure correctional facility, or a state-licensed or certified residential child-care facility that operates for all of the 24-hour day, including general residential operations, child-placing agencies, specialized child-care homes, cottage home operations, continuum-of-care residential operations, and agency foster homes.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2603 amends the Penal Code to include the following among the premises on or within 1,000 feet of which committing a trafficking of persons offense results in the penalty being enhanced to a first degree felony punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 25 years:

· a juvenile detention facility;

· a post-adjudication secure correctional facility; or

· a state-licensed or certified residential child-care facility that operates for all of the 24‑hour day, including general residential operations, child-placing agencies, specialized child-care homes, cottage home operations, continuum-of-care residential operations, and agency foster homes.

H.B. 2603 applies only to an offense committed on or after the bill's effective date and provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.