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House Bill 4009 |
House Author: Weber et al. |
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Effective: See below |
Senate Sponsor: Van de Putte |
House Bill 4009 amends the Government Code to require the office of the attorney general to establish a human trafficking prevention task force to develop policies, procedures, data collection, and training to assist in the prevention and prosecution of human trafficking crimes. The bill provides for the composition and duties of the task force and requires it to submit a report regarding its activities, findings, and recommendations to the governor, the lieutenant governor, and the legislature by December 1 of each even-numbered year.
House Bill 4009 requires the Health and Human Services Commission to establish a victims assistance program to assist domestic victims of trafficking with accessing necessary services. The program is to consist of a searchable database of assistance programs for domestic victims; a grant program established to award public and nonprofit organizations that provide assistance to domestic victims; recommended training programs for judges, prosecutors, and law enforcement personnel; and an outreach initiative to ensure that victims, judges, prosecutors, and law enforcement personnel are aware of the program. The bill also creates the trafficking of persons investigation and prosecution account in the general revenue fund and caps the amount of grants that may be distributed from the fund at $10 million.
House Bill 4009 amends the Human Resources Code to require the executive director of the Texas Juvenile Probation Commission to establish a committee to evaluate and report on alternatives to the juvenile justice system for children who are accused of engaging in acts of prostitution. The bill provides for the composition of the committee and requires a report to be submitted to each member of the legislature not later than January 1, 2011. The bill amends the Occupations Code to require the Commission on Law Enforcement Officer Standards and Education by rule to require an officer licensed on or after January 1, 2011, or an officer seeking an intermediate or advanced proficiency certification, to complete a one-time basic education and training program on the trafficking of persons. The commission is also required to make available to each officer a voluntary advanced education and training program on the trafficking of persons and compelling prostitution.
House Bill 4009 amends the Penal Code to increase the penalty for sex trafficking of a child, regardless of whether the actor knows the child's age at the time the offense is committed, and to establish a defense to prosecution for prostitution if the actor engaged in prostitution because he or she was the victim of trafficking. The bill raises from 17 to 18 the maximum age of a child a person knowingly causes by any means to engage in prostitution used to determine if the person commits the offense of compelling prostitution and clarifies that such behavior constitutes an offense regardless of whether the actor knows the child's age at the time of commission.
House Bill 4009 takes effect September 1, 2009, but only if a specific appropriation for the implementation of the bill is provided in a general appropriations act of the 81st Legislature.