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A BILL TO BE ENTITLED
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AN ACT
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relating to judicial findings, a criminal offense, and preventative |
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actions regarding human trafficking or other similar 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, as available; |
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(2) may not include information identifying the |
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victim's location; and |
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(3) 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, as available; |
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(2) may not include information identifying the |
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victim's location; and |
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(3) 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, as available; |
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(2) may not include information identifying the |
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victim's location; and |
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(3) 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. Section 20A.01, Penal Code, is amended to read as |
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follows: |
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Sec. 20A.01. DEFINITIONS. In this chapter: |
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(1) "Forced labor or services" means labor or |
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services, including conduct that constitutes an offense under |
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Section 43.02, that are performed or provided by another person and |
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obtained through an actor's: |
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(A) causing or threatening to cause bodily injury |
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to the person or another person or otherwise causing the person |
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performing or providing labor or services to believe that the |
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person or another person will suffer bodily injury; |
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(B) restraining or threatening to restrain the |
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person or another person in a manner described by Section 20.01(1) |
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or causing the person performing or providing labor or services to |
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believe that the person or another person will be restrained; [or] |
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(C) knowingly destroying, concealing, removing, |
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confiscating, or withholding from the person or another person, or |
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threatening to destroy, conceal, remove, confiscate, or withhold |
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from the person or another person, the person's actual or |
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purported: |
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(i) government records; |
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(ii) identifying information; or |
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(iii) personal property; |
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(D) threatening the person with abuse of the law |
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or the legal process in relation to the person or another person; |
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(E) threatening to report the person or another |
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person to immigration officials or other law enforcement officials |
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or otherwise blackmailing or extorting the person or another |
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person; |
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(F) exerting financial control over the person or |
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another person by placing the person or another person under the |
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actor's control as security for a debt to the extent that: |
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(i) the value of the services provided by |
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the person or another person as reasonably assessed is not applied |
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toward the liquidation of the debt; |
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(ii) the duration of the services provided |
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by the person or another person is not limited and the nature of the |
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services provided by the person or another person is not defined; or |
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(iii) the principal amount of the debt does |
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not reasonably reflect the value of the items or services for which |
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the debt was incurred; or |
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(G) using any scheme, plan, or pattern intended |
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to cause the person to believe that the person or another person |
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will be subjected to serious harm or restraint if the person does |
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not perform or provide the labor or services. |
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(2) "Traffic" means to transport, [another person or
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to] entice, recruit, harbor, provide, or otherwise obtain another |
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person by any means [for transport by deception, coercion, or
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force]. |
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SECTION 5. Sections 20A.02(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) knowingly traffics another person with the intent |
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or knowledge that the trafficked person will engage in[:
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[(1)] forced labor or services; or |
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(2) intentionally or knowingly benefits from |
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participating in a venture that involves an activity described by |
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Subdivision (1), including by receiving labor or services the |
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person knows are forced labor or services [conduct that constitutes
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an offense under Chapter 43]. |
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(b) Except as otherwise provided by this subsection, an |
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offense under this section is a felony of the second degree. An |
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offense under this section is a felony of the first degree if: |
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(1) the applicable conduct constitutes an offense |
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under Section 43.02 [offense is committed under Subsection (a)(2)] |
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and the person who is trafficked is younger than 18 [14] years of |
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age at the time of the offense; or |
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(2) the commission of the offense results in the death |
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of the person who is trafficked. |
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SECTION 6. Section 125.002, Civil Practice and Remedies |
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Code, is amended by adding Subsection (f-1) to read as follows: |
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(f-1) If the defendant required to execute the bond is a |
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hotel, motel, or similar establishment that rents overnight lodging |
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to the public and the alleged common nuisance is under Section |
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125.0015(a)(6) or (7), the bond must also be conditioned that the |
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defendant will, in each of the defendant's lodging units on the |
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premises that are the subject of the suit, post in a conspicuous |
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place near the room rate information required to be posted under |
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Section 2155.001, Occupations Code, an operating toll-free |
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telephone number of a nationally recognized information and |
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referral hotline for victims of human trafficking. |
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SECTION 7. Section 125.045, Civil Practice and Remedies |
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Code, is amended by adding Subsection (a-1) to read as follows: |
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(a-1) If the defendant required to execute the bond is a |
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hotel, motel, or similar establishment that rents overnight lodging |
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to the public and the alleged common nuisance is under Section |
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125.0015(a)(6) or (7), the bond must also be conditioned that the |
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defendant will, in each of the defendant's lodging units on the |
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premises that are the subject of the suit, post in a conspicuous |
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place near the room rate information required to be posted under |
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Section 2155.001, Occupations Code, an operating toll-free |
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telephone number of a nationally recognized information and |
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referral hotline for victims of human trafficking. |
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SECTION 8. (a) Not later than September 1, 2008, the |
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attorney general, in consultation with the Health and Human |
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Services Commission, shall prepare and issue a report: |
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(1) outlining how existing laws and rules concerning |
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victims and witnesses address or fail to address the needs of |
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victims of human trafficking; and |
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(2) recommending areas of improvement and |
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modifications in existing laws and rules. |
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(b) Not later than September 1, 2008, the Health and Human |
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Services Commission, in consultation with the attorney general, |
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shall prepare and issue a report: |
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(1) outlining how existing social service programs |
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address or fail to address the needs of victims of human |
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trafficking; |
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(2) with respect to those needs, outlining the |
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interplay of existing social service programs with federally funded |
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victim service programs; and |
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(3) recommending areas of improvement and |
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modifications in existing social service programs. |
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SECTION 9. Sections 20A.01 and 20A.02, Penal Code, as |
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amended by this Act, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before the effective date. |
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SECTION 10. Section 125.002(f-1) and Section 125.045(a-1), |
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Civil Practice and Remedies Code, as added by this Act, apply only |
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to a suit filed on or after the effective date of this Act. A suit |
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filed before the effective date of this Act is governed by the law |
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in effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 11. 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 12. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |
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* * * * * |