SRC-LBB C.S.H.B. 59 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 59
78R17914 KEL-FBy: Wise (Van de Putte)
Criminal Justice
5/23/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

C.S.H.B. 59 provides that an aggravated kidnapping of a person is a felony
of the second degree.  This bill provides a punishment for the offense of
kidnapping and the offense of trafficking in persons. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Section 20.03(c), Penal Code, to provide that an
offense under this section is a felony of the third degree, except that an
offense under this section is a felony of the second degree if the actor
exposed the person abducted to a risk of serious bodily injury.  

SECTION 2.   Amends Section 20.04(a), Penal Code, to provide that a person
commits an offense if: 
(1)  the person intentionally or knowingly abducts another person with the
intent to: 
(A)  hold the person abducted for ransom or reward or to coerce a third
person to perform some act; 
   (B)  use the person abducted as a shield or hostage;
(C)  facilitate the commission of a felony or the flight after the attempt
or commission of a felony; 
(D)  inflict bodily injury on the person abducted or violate or abuse the
person abducted sexually; 
   (E)  terrorize the person abducted or a third person; 
(F)  interfere with the performance of any governmental or political
function; or 
   (G)  hold the person abducted in a condition of involuntary servitude;
or 
  (2)  the person intentionally or knowingly abducts another person who is:

   (A)  younger than 18 years of age; or
   (B)  incompetent.

SECTION 3.  Amends Chapter 20, Penal Code, by adding Section 20.06, as
follows: 

 Sec. 20.06.  TRAFFICKING OF PERSONS.  (a)  Defines "forced labor or
services" and  
           "traffic."

(b)(1)  Provides that a person commits an offense if the person knowingly
traffics another person with the intent that the trafficked person engage
in: 

   (A)  forced labor or services; or
   (B)  conduct that constitutes an offense under Chapter 43.

(2)  Provides that, except as otherwise provided by this subsection, an
offense under  this section is a felony of the second degree.  Provides
that an offense under this section is a felony of the first degree if: 

(A)  the offense is committed under Subsection (b)(1) and the person who
is trafficked is younger than 14 years of age at the time of the offense;
or 
(B)  the commission of the offense results in the death of the person who
is trafficked. 

(3)  Provides that if conduct constituting an offense under this section
also constitutes an offense under another section of this code, the actor
may be prosecuted under either section or under both sections. 

SECTION 4.  Amends Section 71.02(a) (relating to a criminal combination),
Penal Code, to include any offense under Section 20.06 and to strike the
text "Penal Code" from Subdivisions (8)-(10) and (12). 

SECTION 5.  Makes application of this Act prospective.

SECTION 6.  Effective date:  September 1, 2003.