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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for 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(b), Penal Code, is amended to |
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read as follows: |
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(b) Except as otherwise provided by this subsection and |
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Subsection (b-1), an offense under this section is a felony of the |
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second degree. An offense under this section is a felony of the |
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first 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; |
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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; or |
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(4) the actor: |
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(A) recruited, enticed, or obtained the |
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trafficked person [victim of the offense] from a: |
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(i) shelter or facility operating as a |
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residential treatment center that serves runaway youth, foster |
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children, the homeless, or persons subjected to human trafficking, |
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domestic violence, or sexual assault; or |
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(ii) correctional facility while the actor |
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was confined in the facility; or |
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(B) intentionally, knowingly, or recklessly |
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impeded the normal breathing or circulation of the blood of the |
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trafficked person by applying pressure to the person's throat or |
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neck or by blocking the person's nose or mouth. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |