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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 and |
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related offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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amended by adding Section 9 to read as follows: |
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Sec. 9. In addition to the information described by Section |
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1, the judgment should reflect affirmative findings entered |
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pursuant to Article 42.0191. |
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SECTION 2. 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 AND |
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RELATED OFFENSES. (a) In the trial of an offense under Chapter |
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20A, Penal Code, an offense that is part of the same criminal |
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episode as an offense under Chapter 20A, Penal Code, or an attempt, |
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conspiracy, or solicitation to commit one of those offenses, the |
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judge shall make an affirmative finding of fact and enter the |
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affirmative finding in the judgment in the case if the judge |
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determines that, regardless of whether the conduct at issue is the |
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subject of the prosecution or part of the same criminal episode as |
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the conduct that is the subject of the prosecution, a victim in the |
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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) The affirmative finding must include specific |
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information identifying the victim or the victim's location, as |
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available. |
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SECTION 3. 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 under Chapter 20A, |
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Penal Code, an offense that is part of the same criminal episode as |
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an offense under Chapter 20A, Penal Code, or an attempt, |
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conspiracy, or solicitation to commit one of those offenses, the |
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judge shall make an affirmative finding of fact and file a statement |
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of that affirmative finding with the papers in the case if the judge |
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determines that, regardless of whether the conduct at issue is the |
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subject of the prosecution or part of the same criminal episode as |
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the conduct that is the subject of the prosecution, a victim in the |
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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) An affirmative finding under Subsection (i) must |
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include specific information identifying the victim or the victim's |
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location, as available. |
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SECTION 4. 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 under Chapter |
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20A, Penal Code, an offense that is part of the same criminal |
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episode as an offense under Chapter 20A, Penal Code, or an attempt, |
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conspiracy, or solicitation to commit one of those offenses, the |
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judge shall make an affirmative finding of fact and enter the |
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affirmative finding in the order if the judge determines that, |
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regardless of whether the conduct at issue is the subject of the |
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prosecution or part of the same criminal episode as the conduct that |
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is the subject 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) An affirmative finding under Subsection (v) must |
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include specific information identifying the victim or the victim's |
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location, as available. |
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SECTION 5. 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 6. 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. |