LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
May 17, 2007

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1121 by Anchia (Relating to judicial findings, a criminal offense, and preventative actions regarding human trafficking or other similar abuse.), As Engrossed

The bill would amend the Penal Code by broadening the definition of forced labor or services as it relates to the offense of trafficking of persons.  The bill would also broaden the definition of traffic to include obtaining another person for transport by any means.

 

The bill would amend the Penal Code by including in the offense of trafficking of persons: 1) trafficking another person with the knowledge the trafficked person will engage in forced labor or services or 2) intentionally or knowingly benefits from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services. An offense under this section is punishable as a felony of the second degree, unless the conduct constitutes the offense of prostitution and the person who is trafficked is younger than 18 years age, in which case the offense would be punishable as a felony of the first degree.  

 

The bill would take effect on September 1, 2007 and apply to an offense committed on or after the effective date.

 

In fiscal year 2006, less than ten offenders were admitted to prison and no one was released from prison for felony trafficking of persons.  Less than ten offenders were placed on probation for felony trafficking of persons in fiscal year 2005.  Assuming the same number of offenders in future years, implementation of the provision of the bill is not expected to have a significant impact on criminal justice populations.


Source Agencies:
LBB Staff:
JOB, GG, TM