| TO: | Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB1121 by Anchia (Relating to judicial findings regarding victims of trafficking or other abuse. ), Committee Report 1st House, Substituted |
The bill would amend the Code of Criminal Procedure and the Family Code to require a judge, on the motion of the attorney representing the state, to make an affirmative finding and file a statement of such in the papers in the case if the judge determines that, regardless of whether the conduct at issue under Chapter 20A, Penal Code (Trafficking of Persons) is the subject of the prosecution or part of the same criminal episode as the conduct that is the subject of the prosecution, if a victim in the trial is or has been a victim of a severe form of trafficking in persons or has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity under 8 U.S.C. Section 1101(a)(15)(U)(iii). The part of the papers containing the affirmative finding would be confidential unless appropriate written consent is given to release the information.
The bill would apply only to a judgment of conviction entered on or after the effective date of the bill. The bill would take effect immediately if it were to receive the required two-thirds vote in each house; otherwise, it would take effect September 1, 2007.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council
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| LBB Staff: | JOB, ES, DB
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