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A BILL TO BE ENTITLED
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AN ACT
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relating to protections under civil and criminal law for certain |
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young victims of trafficking; increasing the penalty for |
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trafficking of persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Family Code, is amended by adding |
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Subtitle D to read as follows: |
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SUBTITLE D. SPECIAL DECLARATORY ACTIONS |
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CHAPTER 46. SPECIAL IMMIGRANT STATUS FOR CERTAIN VICTIMS OF |
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TRAFFICKING OF PERSONS |
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Sec. 46.001. DEFINITION. In this chapter, "young adult" |
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means a person who is at least 18 years of age and younger than 21 |
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years of age. |
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Sec. 46.002. PETITION FOR COURT DECLARATION. A young adult |
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who is not a citizen or permanent resident of the United States and |
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who has been a victim of conduct prohibited under Chapter 20A, Penal |
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Code, may file a suit requesting the court to declare that the young |
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adult has been abused, neglected, or abandoned and otherwise meets |
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the requirements for special immigrant status as defined by 8 |
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U.S.C. Section 1101(a)(27)(J). The suit may be filed in a court |
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that has family law jurisdiction. |
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Sec. 46.003. COURT ORDER. The court, on presentation of |
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proper evidence of a young adult's eligibility under this chapter, |
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shall render an order declaring that: |
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(1) the young adult is court-dependent; |
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(2) reunification with one or both of the young adult's |
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parents is not viable due to abuse, neglect, or abandonment, as |
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defined by state or federal law; and |
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(3) it is not in the young adult's best interest to be |
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returned to the young adult's or the parent's previous country of |
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origin or country of last habitual residence. |
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Sec. 46.004. EXTENDED JURISDICTION. A court that renders |
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an order under this chapter may retain jurisdiction over the young |
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adult until the earliest of: |
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(1) the young adult's 21st birthday; |
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(2) the date the young adult is granted lawful |
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permanent resident status; |
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(3) the date an appeal of the denial of an application |
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for permanent residency based on a petition for special immigrant |
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status is denied; or |
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(4) if an appeal described by Subdivision (3) is not |
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filed, the day after the last day to file an appeal of the denial of |
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an application for permanent residency based on a petition for |
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special immigrant status. |
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SECTION 2. Chapter 51, Family Code, is amended by adding |
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Section 51.0414 to read as follows: |
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Sec. 51.0414. EXTENDED JURISDICTION. (a) This section |
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applies only to a person otherwise subject to the jurisdiction of |
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the court who: |
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(1) is not a citizen or permanent resident of the |
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United States; and |
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(2) has been a victim of conduct prohibited under |
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Chapter 20A, Penal Code. |
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(b) With respect to issues relating to the person's special |
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immigrant status, the court retains jurisdiction over a person to |
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whom this section applies if an application seeking special |
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immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J) has |
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been filed with the appropriate federal authority on behalf of the |
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person. |
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(c) The court retains jurisdiction under this section until |
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the earliest of: |
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(1) the person's 21st birthday; |
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(2) the date the person is granted lawful permanent |
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resident status; |
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(3) the date an appeal of the denial of an application |
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for permanent residency based on a petition for special immigrant |
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status is denied; or |
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(4) if an appeal described by Subdivision (3) is not |
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filed, the day after the last day to file an appeal of the denial of |
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an application for permanent residency based on a petition for |
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special immigrant status. |
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SECTION 3. Subchapter A, Chapter 155, Family Code, is |
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amended by adding Section 155.006 to read as follows: |
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Sec. 155.006. EXTENDED JURISDICTION. (a) If an |
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application seeking special immigrant status as defined by 8 U.S.C. |
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Section 1101(a)(27)(J) has been filed with the appropriate federal |
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authority on behalf of a child over whom the court has continuing, |
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exclusive jurisdiction, and if the child has been a victim of |
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conduct prohibited under Chapter 20A, Penal Code, the court may |
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extend the court's jurisdiction over the child after the child's |
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18th birthday until the earliest of: |
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(1) the child's 21st birthday; |
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(2) the date the child is granted lawful permanent |
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resident status; |
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(3) the date an appeal of the denial of an application |
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for permanent residency based on a petition for special immigrant |
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status is denied; or |
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(4) if an appeal described by Subdivision (3) is not |
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filed, the day after the last day to file an appeal of the denial of |
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an application for permanent residency based on a petition for |
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special immigrant status. |
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(b) The court's jurisdiction under this section is limited |
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to issues relating to the child's special immigrant status. |
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SECTION 4. Subchapter A, Chapter 262, Family Code, is |
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amended by adding Section 262.0021 to read as follows: |
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Sec. 262.0021. EXTENDED JURISDICTION. (a) If an |
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application seeking special immigrant status as defined by 8 U.S.C. |
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Section 1101(a)(27)(J) has been filed with the appropriate federal |
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authority on behalf of a child over whom the court has jurisdiction |
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under this subtitle, and if the child has been a victim of conduct |
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prohibited under Chapter 20A, Penal Code, the court may extend the |
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court's jurisdiction over the child after the child's 18th birthday |
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until the earliest of: |
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(1) the child's 21st birthday; |
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(2) the date the child is granted lawful permanent |
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resident status; |
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(3) the date an appeal of the denial of an application |
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for permanent residency based on a petition for special immigrant |
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status is denied; or |
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(4) if an appeal described by Subdivision (3) is not |
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filed, the day after the last day to file an appeal of the denial of |
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an application for permanent residency based on a petition for |
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special immigrant status. |
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(b) The court's jurisdiction under this section is limited |
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to issues relating to the child's special immigrant status. |
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SECTION 5. Section 20A.02, Penal Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1) and (b-2) to |
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read as follows: |
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(b) An [Except as otherwise provided by this subsection, an] |
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offense under Subsection (a)(1), (2), (3), or (4) [this section] is |
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a felony of the second degree. The minimum term of imprisonment |
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for that offense is increased to 10 years if the victim of the |
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offense is at least 18 years of age and younger than 21 years of age |
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at the time the offense is committed. |
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(b-1) Notwithstanding Subsection (b), an offense under |
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Subsection (a)(1), (2), (3), or (4) is a felony of the first degree |
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if the commission of the offense results in the death of the person |
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who is trafficked. |
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(b-2) An offense under [this section is a felony of the
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first degree if:
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[(1)
the applicable conduct constitutes an offense
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under] Subsection (a)(5), (6), (7), or (8) is a felony of the first |
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degree, regardless of whether the actor knows the age of the child |
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at the time the actor commits 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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SECTION 6. Section 2(a), Article 38.37, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Subsection (b) applies only to the trial of a defendant |
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for: |
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(1) an offense under any of the following provisions |
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of the Penal Code: |
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(A) Section 20A.02(a)(7) or (8), if punishable as |
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a felony of the first degree under Section 20A.02(b-2) |
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[20A.02(b)(1)] (Sex Trafficking of a Child); |
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(B) Section 21.02 (Continuous Sexual Abuse of |
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Young Child or Children); |
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(C) Section 21.11 (Indecency With a Child); |
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(D) Section 22.011(a)(2) (Sexual Assault of a |
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Child); |
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(E) Sections 22.021(a)(1)(B) and (2) (Aggravated |
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Sexual Assault of a Child); |
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(F) Section 33.021 (Online Solicitation of a |
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Minor); |
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(G) Section 43.25 (Sexual Performance by a |
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Child); or |
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(H) Section 43.26 (Possession or Promotion of |
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Child Pornography)[, Penal Code]; or |
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(2) an attempt or conspiracy to commit an offense |
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described by Subdivision (1). |
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SECTION 7. 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 on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 8. This Act takes effect September 1, 2017. |