85R5065 LHC-D

By: Hernandez H.B. No. 761

A BILL TO BE ENTITLED

AN ACT

relating to protections under civil and criminal law for certain young victims of trafficking; increasing the penalty for trafficking of persons.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 2, Family Code, is amended by adding Subtitle D to read as follows:

SUBTITLE D. SPECIAL DECLARATORY ACTIONS

CHAPTER 46. SPECIAL IMMIGRANT STATUS FOR CERTAIN VICTIMS OF

TRAFFICKING OF PERSONS

Sec. 46.001. DEFINITION. In this chapter, "young adult" means a person who is at least 18 years of age and younger than 21 years of age.

Sec. 46.002. PETITION FOR COURT DECLARATION. A young adult who is not a citizen or permanent resident of the United States and who has been a victim of conduct prohibited under Chapter 20A, Penal Code, may file a suit requesting the court to declare that the young adult has been abused, neglected, or abandoned and otherwise meets the requirements for special immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J). The suit may be filed in a court that has family law jurisdiction.

Sec. 46.003. COURT ORDER. The court, on presentation of proper evidence of a young adult's eligibility under this chapter, shall render an order declaring that:

(1) the young adult is court-dependent;

(2) reunification with one or both of the young adult's parents is not viable due to abuse, neglect, or abandonment, as defined by state or federal law; and

(3) it is not in the young adult's best interest to be returned to the young adult's or the parent's previous country of origin or country of last habitual residence.

Sec. 46.004. EXTENDED JURISDICTION. A court that renders an order under this chapter may retain jurisdiction over the young adult until the earliest of:

(1) the young adult's 21st birthday;

(2) the date the young adult is granted lawful permanent resident status;

(3) the date an appeal of the denial of an application for permanent residency based on a petition for special immigrant status is denied; or

(4) if an appeal described by Subdivision (3) is not filed, the day after the last day to file an appeal of the denial of an application for permanent residency based on a petition for special immigrant status.

SECTION 2. Chapter 51, Family Code, is amended by adding Section 51.0414 to read as follows:

Sec. 51.0414. EXTENDED JURISDICTION. (a) This section applies only to a person otherwise subject to the jurisdiction of the court who:

(1) is not a citizen or permanent resident of the United States; and

(2) has been a victim of conduct prohibited under Chapter 20A, Penal Code.

(b) With respect to issues relating to the person's special immigrant status, the court retains jurisdiction over a person to whom this section applies if an application seeking special immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J) has been filed with the appropriate federal authority on behalf of the person.

(c) The court retains jurisdiction under this section until the earliest of:

(1) the person's 21st birthday;

(2) the date the person is granted lawful permanent resident status;

(3) the date an appeal of the denial of an application for permanent residency based on a petition for special immigrant status is denied; or

(4) if an appeal described by Subdivision (3) is not filed, the day after the last day to file an appeal of the denial of an application for permanent residency based on a petition for special immigrant status.

SECTION 3. Subchapter A, Chapter 155, Family Code, is amended by adding Section 155.006 to read as follows:

Sec. 155.006. EXTENDED JURISDICTION. (a) If an application seeking special immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J) has been filed with the appropriate federal authority on behalf of a child over whom the court has continuing, exclusive jurisdiction, and if the child has been a victim of conduct prohibited under Chapter 20A, Penal Code, the court may extend the court's jurisdiction over the child after the child's 18th birthday until the earliest of:

(1) the child's 21st birthday;

(2) the date the child is granted lawful permanent resident status;

(3) the date an appeal of the denial of an application for permanent residency based on a petition for special immigrant status is denied; or

(4) if an appeal described by Subdivision (3) is not filed, the day after the last day to file an appeal of the denial of an application for permanent residency based on a petition for special immigrant status.

(b) The court's jurisdiction under this section is limited to issues relating to the child's special immigrant status.

SECTION 4. Subchapter A, Chapter 262, Family Code, is amended by adding Section 262.0021 to read as follows:

Sec. 262.0021. EXTENDED JURISDICTION. (a) If an application seeking special immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J) has been filed with the appropriate federal authority on behalf of a child over whom the court has jurisdiction under this subtitle, and if the child has been a victim of conduct prohibited under Chapter 20A, Penal Code, the court may extend the court's jurisdiction over the child after the child's 18th birthday until the earliest of:

(1) the child's 21st birthday;

(2) the date the child is granted lawful permanent resident status;

(3) the date an appeal of the denial of an application for permanent residency based on a petition for special immigrant status is denied; or

(4) if an appeal described by Subdivision (3) is not filed, the day after the last day to file an appeal of the denial of an application for permanent residency based on a petition for special immigrant status.

(b) The court's jurisdiction under this section is limited to issues relating to the child's special immigrant status.

SECTION 5. Section 20A.02, Penal Code, is amended by amending Subsection (b) and adding Subsections (b-1) and (b-2) to read as follows:

(b) An [Except as otherwise provided by this subsection, an] offense under Subsection (a)(1), (2), (3), or (4) [this section] is a felony of the second degree. The minimum term of imprisonment for that offense is increased to 10 years if the victim of the offense is at least 18 years of age and younger than 21 years of age at the time the offense is committed.

(b-1) Notwithstanding Subsection (b), an offense under Subsection (a)(1), (2), (3), or (4) is a felony of the first degree if the commission of the offense results in the death of the person who is trafficked.

(b-2) An offense under [this section is a felony of the first degree if:

[(1) the applicable conduct constitutes an offense under] Subsection (a)(5), (6), (7), or (8) is a felony of the first degree, regardless of whether the actor knows the age of the child at the time the actor commits the offense[; or

[(2) the commission of the offense results in the death of the person who is trafficked].

SECTION 6. Section 2(a), Article 38.37, Code of Criminal Procedure, is amended to read as follows:

(a) Subsection (b) applies only to the trial of a defendant for:

(1) an offense under any of the following provisions of the Penal Code:

(A) Section 20A.02(a)(7) or (8), if punishable as a felony of the first degree under Section 20A.02(b-2) [20A.02(b)(1)] (Sex Trafficking of a Child);

(B) Section 21.02 (Continuous Sexual Abuse of Young Child or Children);

(C) Section 21.11 (Indecency With a Child);

(D) Section 22.011(a)(2) (Sexual Assault of a Child);

(E) Sections 22.021(a)(1)(B) and (2) (Aggravated Sexual Assault of a Child);

(F) Section 33.021 (Online Solicitation of a Minor);

(G) Section 43.25 (Sexual Performance by a Child); or

(H) Section 43.26 (Possession or Promotion of Child Pornography)[, Penal Code]; or

(2) an attempt or conspiracy to commit an offense described by Subdivision (1).

SECTION 7. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 8. This Act takes effect September 1, 2017.