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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 exploitation of a |
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child, elderly individual, or disabled individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.53(a), Penal Code, is amended by |
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adding Subdivisions (1-a), (1-b), and (3) and amending Subdivision |
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(2) to read as follows: |
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(1-a) "Coercion" as defined by Section 1.07 includes: |
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(A) destroying, concealing, confiscating, or |
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withholding from a person, or threatening to destroy, conceal, |
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confiscate, or withhold from a person, the person's actual or |
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purported: |
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(i) government records; or |
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(ii) identifying information or documents; |
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(B) providing a controlled substance to a person |
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for the purpose of impairing the person's ability to appraise the |
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nature of or resist engaging in any conduct; |
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(C) physically restraining or confining a person |
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or threatening to physically restrain or confine a person; |
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(D) exposing or threatening to expose |
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information that would tend to subject a person to criminal or |
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immigration proceedings; or |
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(E) causing or threatening to cause financial |
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harm to a person or using financial control over a person. |
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(1-b) "Deception" means: |
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(A) creating or confirming by words or conduct a |
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false impression of law or fact that is likely to affect the |
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judgment of another in the transaction, and that the actor does not |
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believe to be true; or |
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(B) promising performance that is likely to |
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affect the judgment of another in the transaction and that the actor |
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does not intend to perform or knows will not be performed. |
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(2) "Exploitation" means the illegal or improper use |
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of a child, elderly individual, or disabled individual or of the |
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resources of a child, elderly individual, or disabled individual |
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through undue influence, harassment, duress, false representation, |
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false pretense, or other similar means [for monetary or personal |
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benefit, profit, or gain]. |
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(3) "Isolation" means preventing a person from having |
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contact with the person's friends or family, a welfare agency, |
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peace officers, health care providers, or other individuals or |
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entities without the knowledge or consent of the person. |
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SECTION 2. Section 32.53(b), Penal Code, is amended to read |
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as follows: |
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(b) A person commits an offense if the person, through |
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exploitation, deception, coercion, or isolation, knowingly |
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appropriates the resources of a child, elderly individual, or |
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disabled individual for the person's own monetary or personal |
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benefit or for the monetary or personal benefit of another person |
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other than the child, elderly individual, or disabled individual |
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[intentionally, knowingly, or recklessly causes the exploitation |
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of a child, elderly individual, or disabled individual]. |
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SECTION 3. 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 4. This Act takes effect September 1, 2025. |