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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution, punishment, and prevention of offenses |
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involving trafficking of persons or certain forced or sex-based |
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labor or services, law enforcement training relating to the |
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trafficking of persons, and the creation of the trafficking of |
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persons investigation and prosecution account in the general |
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revenue fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.035 to read as follows: |
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Sec. 402.035. HUMAN TRAFFICKING PREVENTION TASK FORCE. (a) |
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In this section, "task force" means the human trafficking |
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prevention task force. |
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(b) The office of the attorney general shall establish the |
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human trafficking prevention task force to develop policies and |
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procedures to assist in the prevention and prosecution of human |
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trafficking crimes. |
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(c) The task force is composed of the following: |
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(1) the attorney general or the attorney general's |
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designee; |
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(2) the executive commissioner of the Health and Human |
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Services Commission or the executive commissioner's designee; |
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(3) the commissioner of the Department of Family and |
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Protective Services or the commissioner's designee; |
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(4) the public safety director of the Department of |
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Public Safety or the director's designee; and |
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(5) as appointed by the attorney general: |
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(A) a public defender, as defined by Article |
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26.044, Code of Criminal Procedure; |
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(B) an attorney representing the state; |
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(C) representatives of local law enforcement |
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agencies affected by human trafficking; and |
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(D) representatives of nongovernmental entities |
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making comprehensive efforts to combat human trafficking by: |
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(i) identifying human trafficking victims; |
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(ii) providing legal or other services to |
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human trafficking victims; |
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(iii) participating in community outreach |
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or public awareness efforts regarding human trafficking; |
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(iv) providing or developing training |
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regarding the prevention of human trafficking; or |
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(v) engaging in other activities designed |
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to prevent human trafficking. |
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(d) The task force shall: |
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(1) collaborate with United States attorneys for the |
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districts of Texas and special agents, customs and border |
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protection officers, and border patrol agents of the United States |
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Department of Homeland Security as needed to fulfill the duties of |
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the task force; |
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(2) collect and organize data on the nature and extent |
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of human trafficking in Texas; |
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(3) develop and conduct training for law enforcement |
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personnel and victim service providers to identify victims of human |
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trafficking; |
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(4) on the request of a judge of a county court, county |
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court at law, or district court or a county attorney, district |
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attorney, or criminal district attorney, assist and train the judge |
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or the judge's staff or the attorney or the attorney's staff in the |
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recognition and prevention of human trafficking; |
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(5) examine training protocols related to human |
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trafficking issues, as developed and implemented by federal, state, |
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and local law enforcement agencies; |
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(6) implement a media awareness campaign in |
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communities affected by human trafficking; and |
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(7) develop recommendations on how to strengthen state |
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and local efforts to prevent human trafficking, protect and assist |
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human trafficking victims, and prosecute human trafficking |
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offenders. |
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(e) The presiding officer of the task force is the attorney |
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general or the attorney general's designee. |
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(f) The office of the attorney general shall supervise the |
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administration of the task force. The attorney general shall |
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provide the necessary staff and facilities to assist the task force |
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in performing its duties. |
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(g) Not later than December 1 of each even-numbered year, |
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the task force shall submit a report regarding the task force's |
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activities, findings, and recommendations, including any proposed |
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legislation, to the governor, the lieutenant governor, and the |
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speaker of the house of representatives. |
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(h) This section expires September 1, 2013. |
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SECTION 2. Section 772.006, Government Code, is amended by |
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adding Subsections (d), (e), and (f) to read as follows: |
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(d) The trafficking of persons investigation and |
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prosecution account is created in the general revenue fund. The |
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account is composed of legislative appropriations and other money |
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required by law to be deposited in the account. Income from money |
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in the account shall be credited to the account. Sections 403.095 |
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and 404.071 do not apply to the account. |
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(e) The legislature may appropriate money from the |
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trafficking of persons investigation and prosecution account |
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created under Subsection (d) only to the criminal justice division |
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for the purposes of this subsection. The division may use the |
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appropriated money solely to distribute grants to: |
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(1) counties that apply for the grants and that have |
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dedicated full-time or part-time personnel to identify, prevent, |
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investigate, or prosecute offenses under Chapter 20A, Penal Code; |
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and |
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(2) nongovernmental organizations that apply for the |
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grants and that provide comprehensive services in this state to |
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prevent the commission of offenses under Chapter 20A, Penal Code, |
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or to address the needs of victims of those offenses, including |
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public awareness activities, community outreach and training, |
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victim identification services, legal services, and other services |
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designed to assist victims. |
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(f) The total amount of grants that may be distributed to |
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counties and nongovernmental organizations from the trafficking of |
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persons investigation and prosecution account during each state |
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fiscal year may not exceed $10 million. |
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SECTION 3. Subchapter C, Chapter 141, Human Resources Code, |
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is amended by adding Section 141.056 to read as follows: |
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Sec. 141.056. STUDY OF ALTERNATIVES TO JUVENILE JUSTICE |
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SYSTEM FOR CHILDREN WHO ENGAGE IN ACTS OF PROSTITUTION. (a) The |
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director shall establish a committee to evaluate alternatives to |
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the juvenile justice system, such as government programs, |
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faith-based programs, and programs offered by nonprofit |
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organizations, for children who are accused of engaging in acts of |
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prostitution. |
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(b) The director shall determine the size of the committee. |
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The committee must be composed of: |
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(1) members of the Texas Juvenile Probation |
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Commission, the Texas Youth Commission, and other relevant state |
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agencies as determined by the director; |
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(2) members of the legislature; |
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(3) members of nongovernmental organizations that |
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provide programs and services to combat and prevent trafficking of |
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persons as described by Section 20A.02, 20A.03, or 20A.04, Penal |
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Code, in this state, including the following with respect to that |
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trafficking: |
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(A) programs to promote public awareness; |
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(B) programs to identify and provide services to |
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victims; |
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(C) legal services; and |
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(D) community outreach and training programs; |
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and |
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(4) other juvenile justice experts. |
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(c) Not later than January 1, 2011, the committee shall |
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prepare and deliver to each member of the legislature a report that |
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includes the results of the study and recommendations for |
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alternatives to the juvenile justice system for children who are |
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accused of engaging in acts of prostitution. |
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(d) This section expires June 1, 2011. |
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SECTION 4. Subchapter F, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.258 to read as follows: |
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Sec. 1701.258. EDUCATION AND TRAINING PROGRAMS ON |
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TRAFFICKING OF PERSONS. (a) The commission by rule shall require an |
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officer first licensed by the commission on or after January 1, |
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2011, to complete within a reasonable time after obtaining the |
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license a one-time basic education and training program on the |
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trafficking of persons. The program must: |
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(1) consist of at least four hours of training; and |
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(2) include a review of the substance of Sections |
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20A.02, 20A.03, 20A.04, and 43.05, Penal Code. |
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(b) The commission shall make available to each officer a |
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voluntary advanced education, instruction, and training program on |
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the trafficking of persons, sex trafficking, and compelling |
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prostitution prohibited under Sections 20A.02, 20A.03, 20A.04, and |
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43.05, Penal Code. |
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(c) Not later than January 1, 2011, the commission shall |
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begin offering the basic and advanced programs established under |
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this section. This subsection expires September 1, 2011. |
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SECTION 5. Section 1701.402, Occupations Code, is amended |
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by adding Subsection (h) to read as follows: |
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(h) As a requirement for an intermediate or advanced |
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proficiency certificate issued by the commission on or after |
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January 1, 2011, an officer must complete the basic education and |
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training program on the trafficking of persons described by Section |
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1701.258(a). |
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SECTION 6. Section 20A.01(1), Penal Code, is amended to |
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read as follows: |
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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 |
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and 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; |
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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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SECTION 7. Chapter 20A, Penal Code, is amended by amending |
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Section 20A.02 and adding Sections 20A.03, 20A.04, and 20A.05 to |
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read as follows: |
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Sec. 20A.02. TRAFFICKING OF PERSONS. (a) A person commits |
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an offense if the person knowingly: |
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(1) [knowingly] traffics another person with the |
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intent or knowledge that the trafficked person will engage |
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in forced labor or services, other than forced labor or services |
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constituting an offense under Section 43.02; 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. |
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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 and the person who is trafficked is younger than
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18 years of age at the time of the offense; or
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[(2)] the commission of the offense results in the |
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death of the person who is trafficked. |
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[(c)
If conduct constituting an offense under this section
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also constitutes an offense under another section of this code, the
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actor may be prosecuted under either section or under both
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sections.] |
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Sec. 20A.03. SEX TRAFFICKING OF AN ADULT. (a) A person |
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commits an offense if the person knowingly: |
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(1) traffics another person who is 18 years of age or |
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older, with the intent or knowledge that the trafficked person will |
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engage in forced labor or services constituting an offense under |
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Section 43.02; or |
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(2) benefits from participating in a venture that |
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involves an activity described by Subdivision (1), including by |
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receiving labor or services the person knows are forced labor or |
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services. |
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(b) An offense under this section is a felony of the second |
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degree. |
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Sec. 20A.04. SEX TRAFFICKING OF A CHILD. (a) In this |
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section, "child" means a person younger than 18 years of age. |
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(b) A person commits an offense if the person, regardless of |
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whether the person knows the age of the child at the time the person |
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commits the offense, knowingly: |
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(1) traffics a child with the intent or knowledge that |
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the child will engage in conduct constituting an offense under |
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Section 43.02 or 43.25; or |
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(2) benefits from participating in a venture that |
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involves an activity described by Subdivision (1). |
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(c) An offense under this section is a felony of the first |
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degree. |
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Sec. 20A.05. PROSECUTION OF CONDUCT CONSTITUTING SEPARATE |
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OFFENSE. If conduct constituting an offense under this chapter |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under this chapter, the other section of |
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this code, or both this chapter and the other section of this code. |
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SECTION 8. Section 43.02, Penal Code, is amended by adding |
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Subsections (d) and (e) to read as follows: |
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(d) It is an exception to the application of this section |
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that the actor was younger than 18 years of age at the time of the |
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offense. |
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(e) It is a defense to prosecution under this section that |
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the actor engaged in the conduct that constitutes the offense |
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because the actor was the victim of conduct that constitutes an |
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offense under Section 20A.03. |
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SECTION 9. Section 43.05, Penal Code, is amended to read as |
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follows: |
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Sec. 43.05. COMPELLING PROSTITUTION. (a) A person commits |
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an offense if the person [he] knowingly: |
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(1) causes another by force, threat, or fraud to |
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commit prostitution; or |
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(2) causes by any means a person younger than 18 [17] |
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years to commit prostitution, regardless of whether the actor knows |
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the age of the person at the time the actor commits the offense. |
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(b) An offense under Subsection (a)(1) [this section] is a |
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felony of the second degree. An offense under Subsection (a)(2) is a |
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felony of the first degree. |
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SECTION 10. (a) Not later than December 1, 2009, the office |
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of the attorney general shall establish the human trafficking |
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prevention task force as required by Section 402.035, Government |
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Code, as added by this Act. |
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(b) Not later than October 1, 2009, the director of the |
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Texas Juvenile Probation Commission shall establish a committee to |
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evaluate alternatives to the juvenile justice system for children |
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who are accused of engaging in acts of prostitution, as required by |
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Section 141.056, Human Resources Code, as added by this Act. |
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(c) Not later than December 1, 2010, the Commission on Law |
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Enforcement Officer Standards and Education shall adopt the rules |
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necessary to implement Section 1701.258, Occupations Code, as added |
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by this Act. |
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(d) The changes in law made by this Act to Chapters 20A and |
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43, Penal Code, apply only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is covered 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 was |
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committed before the effective date of this Act if any element of |
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the offense was committed before that date. |
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SECTION 11. This Act takes effect September 1, 2009. |