By: Wise, et al. (Senate Sponsor - Van de Putte) H.B. No. 59
(In the Senate - Received from the House May 12, 2003;
May 13, 2003, read first time and referred to Committee on Criminal
Justice; May 24, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
May 24, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 59 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to the offense of aggravated kidnapping, the punishment
for the offense of kidnapping, and the definition of and punishment
for the offense of trafficking in persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 20.03(c), Penal Code, is amended to read
as follows:
(c) 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. Section 20.04(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if:
(1) the person [he] intentionally or knowingly abducts
another person with the intent to:
(A) [(1)] hold the person abducted [him] for
ransom or reward or to coerce a third person to perform some act;
(B) [(2)] use the person abducted [him] as a
shield or hostage;
(C) [(3)] facilitate the commission of a felony
or the flight after the attempt or commission of a felony;
(D) [(4)] inflict bodily injury on the person
abducted [him] or violate or abuse the person abducted [him]
sexually;
(E) [(5)] terrorize the person abducted [him] or
a third person; [or]
(F) [(6)] 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. Chapter 20, Penal Code, is amended by adding
Section 20.06 to read as follows:
Sec. 20.06. TRAFFICKING OF PERSONS. (a) In this section:
(1) "Forced labor or services" means labor or services
that are performed or provided by another person and obtained
through an actor's:
(A) threatening to cause bodily injury to
another;
(B) restraining another in a manner described by
Section 20.01(1); or
(C) withholding from another the person's:
(i) government records;
(ii) identifying information; or
(iii) personal property.
(2) "Traffic" means to transport another person or to
entice, recruit, harbor, provide, or otherwise obtain another
person for transport by deception, coercion, or force.
(b)(1) 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) Except as otherwise provided by this subsection,
an offense under this section is a felony of the second degree. 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) 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. Section 71.02(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if, with the intent to
establish, maintain, or participate in a combination or in the
profits of a combination or as a member of a criminal street gang,
he commits or conspires to commit one or more of the following:
(1) murder, capital murder, arson, aggravated
robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual
assault, forgery, deadly conduct, assault punishable as a Class A
misdemeanor, burglary of a motor vehicle, or unauthorized use of a
motor vehicle;
(2) any gambling offense punishable as a Class A
misdemeanor;
(3) promotion of prostitution, aggravated promotion
of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or
sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or
distribution of a controlled substance or dangerous drug, or
unlawful possession of a controlled substance or dangerous drug
through forgery, fraud, misrepresentation, or deception;
(6) any unlawful wholesale promotion or possession of
any obscene material or obscene device with the intent to wholesale
promote the same;
(7) any offense under Subchapter B, Chapter 43,
depicting or involving conduct by or directed toward a child
younger than 18 years of age;
(8) any felony offense under Chapter 32[, Penal Code];
(9) any offense under Chapter 36[, Penal Code];
(10) any offense under Chapter 34[, Penal Code]; [or]
(11) any offense under Section 37.11(a); or
(12) any offense under Section 20.06[, Penal Code].
SECTION 5. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense was committed before
the effective date of this Act if any element of the offense was
committed before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2003.
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