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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial findings regarding victims of trafficking or |
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other abuse. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0191 to read as follows: |
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Art. 42.0191. FINDING REGARDING VICTIMS OF TRAFFICKING OR |
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OTHER ABUSE. (a) In the trial of an offense, on the motion of the |
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attorney representing the state the judge shall make an affirmative |
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finding of fact and enter the affirmative finding in the papers in |
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the case if the judge determines that, regardless of whether the |
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conduct at issue is the subject of the prosecution or part of the |
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same criminal episode as the conduct that is the subject of the |
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prosecution, a victim in the trial: |
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(1) is or has been a victim of a severe form of |
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trafficking in persons, as defined by 22 U.S.C. Section 7102(8); or |
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(2) has suffered substantial physical or mental abuse |
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as a result of having been a victim of criminal activity described |
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by 8 U.S.C. Section 1101(a)(15)(U)(iii). |
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(b) That part of the papers in the case containing an |
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affirmative finding under this article: |
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(1) must include specific information identifying the |
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victim or the victim's location, as available; and |
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(2) is confidential, unless written consent for the |
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release of the affirmative finding is obtained from the victim or, |
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if the victim is younger than 18 years of age, the victim's parent |
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or guardian. |
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SECTION 2. Section 5, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsections (i) and (j) to read as |
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follows: |
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(i) If a judge places on community supervision under this |
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section a defendant charged with an offense, on the motion of the |
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attorney representing the state the judge shall make an affirmative |
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finding of fact and file a statement of that affirmative finding in |
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the papers in the case if the judge determines that, regardless of |
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whether the conduct at issue is the subject of the prosecution or |
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part of the same criminal episode as the conduct that is the subject |
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of the prosecution, a victim in the trial: |
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(1) is or has been a victim of a severe form of |
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trafficking in persons, as defined by 22 U.S.C. Section 7102(8); or |
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(2) has suffered substantial physical or mental abuse |
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as a result of having been a victim of criminal activity described |
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by 8 U.S.C. Section 1101(a)(15)(U)(iii). |
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(j) That part of the papers in the case containing an |
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affirmative finding under Subsection (i): |
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(1) must include specific information identifying the |
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victim or the victim's location, as available; and |
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(2) is confidential, unless written consent for the |
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release of the affirmative finding is obtained from the victim or, |
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if the victim is younger than 18 years of age, the victim's parent |
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or guardian. |
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SECTION 3. Section 54.04, Family Code, is amended by adding |
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Subsections (v) and (w) to read as follows: |
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(v) If the judge orders a disposition under this section for |
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delinquent conduct based on a violation of an offense, on the motion |
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of the attorney representing the state the judge shall make an |
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affirmative finding of fact and enter the affirmative finding in |
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the papers in the case if the judge determines that, regardless of |
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whether the conduct at issue is the subject of the prosecution or |
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part of the same criminal episode as the conduct that is the subject |
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of the prosecution, a victim in the trial: |
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(1) is or has been a victim of a severe form of |
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trafficking in persons, as defined by 22 U.S.C. Section 7102(8); or |
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(2) has suffered substantial physical or mental abuse |
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as a result of having been a victim of criminal activity described |
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by 8 U.S.C. Section 1101(a)(15)(U)(iii). |
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(w) That part of the papers in the case containing an |
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affirmative finding under Subsection (v): |
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(1) must include specific information identifying the |
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victim or the victim's location, as available; and |
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(2) is confidential, unless written consent for the |
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release of the affirmative finding is obtained from the victim or, |
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if the victim is younger than 18 years of age, the victim's parent |
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or guardian. |
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SECTION 4. The change in law made by this Act applies only |
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to a judgment of conviction entered on or after the effective date |
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of this Act, a grant of deferred adjudication made on or after the |
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effective date of this Act, or a disposition of delinquent conduct |
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made on or after the effective date of this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |