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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of trafficking of |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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": |
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(A) means labor or services, including |
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employment for legal labor or services, that are performed or |
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provided by another person and obtained through an actor's: |
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(i) using force against the person or |
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another person, [(A)] threatening to cause bodily injury to the |
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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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(ii) [(B)] restraining the person or |
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another person [another] 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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(iii) destroying or [(C)] withholding |
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from another the person's: |
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(a) actual or purported [(i)] |
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government records; |
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(b) actual or purported [(ii)] |
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identifying information; or |
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(c) [(iii)] personal property; or |
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(iv) threatening the person with abuse of |
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the law or the legal process in relation to the person or another |
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person; and |
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(B) includes slavery or a practice similar to |
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slavery. |
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(2) "Traffic" means to transport another person or to |
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entice, solicit, recruit, harbor, provide, or otherwise obtain by |
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any means another person for transport [by deception, coercion, or
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force]. |
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SECTION 2. Section 20A.02(a), Penal Code, is amended to |
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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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(A) [(1)] forced labor or services; [or] |
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(B) [(2)] conduct that constitutes an offense |
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under Chapter 43; or |
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(C) conduct that constitutes an offense under |
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Section 48.02; or |
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(2) benefits from participating in a venture that |
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involves an activity described by Subdivision (1)(A), (B), or (C), |
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including by receiving labor or services that the actor knows are |
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forced labor or services. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before the effective date. |
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SECTION 4. This Act takes effect September 1, 2007. |