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A BILL TO BE ENTITLED
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AN ACT
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relating to protection and assistance for victims of trafficking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 67 to read as follows: |
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CHAPTER 67. VICTIMS OF HUMAN TRAFFICKING |
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Art. 67.01. DEFINITIONS. In this chapter: |
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(1) "Forced labor or services" and "traffic" have the |
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meanings assigned by Section 20A.01, Penal Code. |
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(2) "Law enforcement agency" means an agency of the |
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state, or of a county, municipality, or other political subdivision |
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of the state, that employs peace officers. |
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(3) "Victim of trafficking" means a person who is a |
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victim of an offense under Section 20A.02, Penal Code. |
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Art. 67.02. PROTECTION FOR VICTIMS OF TRAFFICKING. To the |
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extent practicable, with respect to a victim of trafficking who is |
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in the custody of a law enforcement agency, the law enforcement |
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agency: |
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(1) may not detain the victim in a facility |
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inappropriate to the victim's status as a crime victim, including a |
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facility in which criminals or persons suspected of committing |
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criminal offenses are detained; |
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(2) shall promptly provide the victim with necessary |
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medical care, mental health care, food, and other assistance; |
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(3) shall provide the victim access to legal |
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assistance and translation services; |
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(4) shall inform the victim of the victim's rights; and |
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(5) shall provide the victim with protection, if the |
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victim's safety is at risk or if there is a danger of additional |
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harm of recapture by a trafficker, including: |
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(A) taking measures to protect the victim or |
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members of the victim's family from reprisal, threat of reprisal, |
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or intimidation by traffickers or the traffickers' associates; and |
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(B) ensuring that the name, address, and other |
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contact information of a victim or a member of a victim's family is |
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not disclosed to the public. |
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SECTION 2. Chapter 531, Government Code, is amended by |
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adding Subchapter P to read as follows: |
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SUBCHAPTER P. WORK GROUP ON ASSISTING VICTIMS OF TRAFFICKING |
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Sec. 531.601. DEFINITIONS. In this subchapter: |
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(1) "Forced labor or services" and "traffic" have the |
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meanings assigned by Section 20A.01, Penal Code. |
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(2) "Law enforcement agency" and "victim of |
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trafficking" have the meanings assigned by Article 67.01, Code of |
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Criminal Procedure. |
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(3) "Peace officer" means a person who is a peace |
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officer under Article 2.12, Code of Criminal Procedure. |
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(4) "Work group" means the work group on assisting |
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victims of trafficking established under this subchapter. |
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Sec. 531.602. WORK GROUP ON ASSISTING VICTIMS OF |
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TRAFFICKING. (a) The executive commissioner shall establish a work |
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group to develop written protocols applicable to state agencies for |
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the provision and delivery of services to victims of trafficking. |
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The protocols must provide: |
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(1) policies and procedures that require interagency |
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coordination of operations and cooperation with community-based |
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organizations that provide assistance to victims of trafficking, |
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including the establishment of an electronic database accessible by |
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appropriate state agencies that contains the names, addresses, and |
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telephone numbers of agencies and organizations that provide |
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services to victims of trafficking; and |
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(2) guidelines for expanding and delivering social |
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services to victims of trafficking without regard to the |
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immigration status of those victims, including guidelines for |
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providing housing, food, medical services, mental health services, |
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English language education, job training, and employment services. |
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(b) A member of the work group serves without compensation. |
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Sec. 531.603. COMPOSITION OF WORK GROUP. The work group is |
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composed of: |
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(1) the executive commissioner; |
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(2) the public safety director of the Department of |
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Public Safety; |
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(3) the chair of the Texas Workforce Commission; |
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(4) the commissioner of education; |
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(5) the attorney general; |
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(6) if possible, a representative from each of the |
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following federal agencies to ensure that protocols are consistent |
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with applicable federal law: |
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(A) the United States Department of Health and |
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Human Services; |
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(B) the United States Department of Labor; |
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(C) the United States Department of Education; |
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(D) the United States Department of Homeland |
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Security; and |
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(E) the United States Department of Justice; and |
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(7) five representatives, selected by the executive |
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commissioner, from state or community-based organizations that |
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provide assistance to victims of trafficking. |
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Sec. 531.604. REVIEW AND MODIFICATION OF PROTOCOLS. (a) |
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The work group shall reconvene at least once every two years to |
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review and, if the work group determines that it is necessary, |
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modify the protocols the work group most recently developed under |
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this subchapter. |
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(b) The work group shall submit the modified protocols to |
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the legislature and the governor as soon as practicable after the |
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work group makes the modifications. |
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SECTION 3. (a) Not later than December 1, 2007, the |
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executive commissioner of the Health and Human Services Commission |
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shall establish the work group on assisting victims of trafficking, |
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as required by Subchapter P, Chapter 531, Government Code, as added |
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by this Act. |
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(b) Not later than December 1, 2009, the work group on |
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assisting victims of trafficking shall finalize the initial |
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protocols developed by the group under Subchapter P, Chapter 531, |
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Government Code, as added by this Act, and submit a copy of the |
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protocols to the legislature and the governor. |
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SECTION 4. This Act takes effect September 1, 2007. |