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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of certain trafficking |
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and sexual offenses; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20A.02(b), Penal Code, is amended to |
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read as follows: |
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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 Subsection (a)(5), (6), (7), or (8), regardless of whether |
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the actor knows the age of the child at the time of [the actor
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commits] the offense; or |
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(2) the commission of the offense results in the death |
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of the person who is trafficked. |
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SECTION 2. Section 21.02(b), Penal Code, is amended to read |
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as follows: |
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(b) A person commits an offense if: |
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(1) during a period that is 30 or more days in |
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duration, the person commits two or more acts of sexual abuse, |
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regardless of whether the acts of sexual abuse are committed |
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against one or more victims; and |
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(2) at the time of the commission of each of the acts |
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of sexual abuse, the actor is 17 years of age or older and the victim |
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is a child younger than 14 years of age, regardless of whether the |
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actor knows the age of the victim at the time of the offense. |
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SECTION 3. Section 21.11(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with a child younger |
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than 17 years of age, whether the child is of the same or opposite |
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sex and regardless of whether the person knows the age of the child |
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at the time of the offense, the person: |
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(1) engages in sexual contact with the child or causes |
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the child to engage in sexual contact; or |
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(2) with intent to arouse or gratify the sexual desire |
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of any person: |
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(A) exposes the person's anus or any part of the |
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person's genitals, knowing the child is present; or |
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(B) causes the child to expose the child's anus |
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or any part of the child's genitals. |
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SECTION 4. Section 22.011(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if [the person]: |
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(1) the person intentionally or knowingly: |
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(A) causes the penetration of the anus or sexual |
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organ of another person by any means, without that person's |
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consent; |
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(B) causes the penetration of the mouth of |
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another person by the sexual organ of the actor, without that |
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person's consent; or |
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(C) causes the sexual organ of another person, |
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without that person's consent, to contact or penetrate the mouth, |
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anus, or sexual organ of another person, including the actor; or |
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(2) regardless of whether the person knows the age of |
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the child at the time of the offense, the person intentionally or |
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knowingly: |
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(A) causes the penetration of the anus or sexual |
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organ of a child by any means; |
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(B) causes the penetration of the mouth of a |
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child by the sexual organ of the actor; |
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(C) causes the sexual organ of a child to contact |
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or penetrate the mouth, anus, or sexual organ of another person, |
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including the actor; |
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(D) causes the anus of a child to contact the |
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mouth, anus, or sexual organ of another person, including the |
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actor; or |
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(E) causes the mouth of a child to contact the |
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anus or sexual organ of another person, including the actor. |
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SECTION 5. Section 22.021(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense: |
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(1) if the person: |
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(A) intentionally or knowingly: |
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(i) causes the penetration of the anus or |
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sexual organ of another person by any means, without that person's |
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consent; |
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(ii) causes the penetration of the mouth of |
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another person by the sexual organ of the actor, without that |
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person's consent; or |
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(iii) causes the sexual organ of another |
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person, without that person's consent, to contact or penetrate the |
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mouth, anus, or sexual organ of another person, including the |
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actor; or |
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(B) regardless of whether the person knows the |
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age of the child at the time of the offense, intentionally or |
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knowingly: |
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(i) causes the penetration of the anus or |
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sexual organ of a child by any means; |
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(ii) causes the penetration of the mouth of |
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a child by the sexual organ of the actor; |
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(iii) causes the sexual organ of a child to |
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contact or penetrate the mouth, anus, or sexual organ of another |
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person, including the actor; |
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(iv) causes the anus of a child to contact |
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the mouth, anus, or sexual organ of another person, including the |
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actor; or |
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(v) causes the mouth of a child to contact |
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the anus or sexual organ of another person, including the actor; and |
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(2) if: |
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(A) the person: |
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(i) causes serious bodily injury or |
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attempts to cause the death of the victim or another person in the |
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course of the same criminal episode; |
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(ii) by acts or words places the victim in |
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fear that any person will become the victim of an offense under |
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Section 20A.02(a)(3), (4), (7), or (8) or that death, serious |
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bodily injury, or kidnapping will be imminently inflicted on any |
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person; |
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(iii) by acts or words occurring in the |
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presence of the victim threatens to cause any person to become the |
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victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or |
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to cause the death, serious bodily injury, or kidnapping of any |
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person; |
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(iv) uses or exhibits a deadly weapon in the |
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course of the same criminal episode; |
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(v) acts in concert with another who |
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engages in conduct described by Subdivision (1) directed toward the |
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same victim and occurring during the course of the same criminal |
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episode; or |
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(vi) with the intent of facilitating the |
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commission of the offense, administers or provides [flunitrazepam,
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otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine] to |
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the victim of the offense any substance capable of impairing the |
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victim's ability to appreciate the nature of the applicable conduct |
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described by Subdivision (1) or to resist the conduct [with the
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intent of facilitating the commission of the offense]; |
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(B) the victim is younger than 14 years of age, |
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regardless of whether the person knows the age of the victim at the |
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time of the offense; or |
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(C) the victim is an elderly individual or a |
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disabled individual. |
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SECTION 6. Section 33.021(a)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Minor" means: |
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(A) an individual who is younger than 17 years of |
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age regardless of whether the actor knows the age of the individual |
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at the time of the offense; or |
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(B) an individual whom the actor believes to be |
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younger than 17 years of age. |
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SECTION 7. Section 33.021(f), Penal Code, is amended to |
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read as follows: |
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(f) An offense under Subsection (b) is a felony of the third |
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degree, except that the offense is a felony of the second degree if, |
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at the time of the offense, the minor is younger than 14 years of |
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age, regardless of whether the actor knows the age of the minor at |
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that time, or is an individual whom the actor believes to be younger |
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than 14 years of age at that [the] time [of the commission of the
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offense]. An offense under Subsection (c) is a felony of the second |
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degree. |
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SECTION 8. Section 43.02, Penal Code, as amended by |
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Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th |
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Legislature, Regular Session, 2015, is amended by amending |
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Subsections (a) and (b), reenacting Subsection (c), and reenacting |
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and amending Subsection (c-1) to read as follows: |
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(a) A person commits an offense if[, in return for receipt
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of a fee,] the person knowingly offers or agrees to receive a fee |
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from another to engage in sexual conduct[:
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[(1)
offers to engage, agrees to engage, or engages in
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sexual conduct; or
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[(2)
solicits another in a public place to engage with
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the actor in sexual conduct for hire]. |
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(b) A person commits an offense if[, based on the payment of
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a fee by the actor or another person on behalf of the actor,] the |
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person knowingly offers or agrees to pay a fee to another person for |
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the purpose of engaging in sexual conduct with that person or |
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another[:
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[(1)
offers to engage, agrees to engage, or engages in
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sexual conduct; or
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[(2)
solicits another in a public place to engage with
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the actor in sexual conduct for hire]. |
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(c) An offense under Subsection (a) is a Class B |
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misdemeanor, except that the offense is: |
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(1) a Class A misdemeanor if the actor has previously |
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been convicted one or two times of an offense under Subsection (a); |
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or |
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(2) a state jail felony if the actor has previously |
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been convicted three or more times of an offense under Subsection |
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(a). |
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(c-1) An offense under Subsection (b) is a Class B |
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misdemeanor, except that the offense is: |
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(1) a Class A misdemeanor if the actor has previously |
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been convicted one or two times of an offense under Subsection (b); |
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(2) a state jail felony if the actor has previously |
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been convicted three or more times of an offense under Subsection |
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(b); or |
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(3) a felony of the second degree if the person with |
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whom the actor agrees to engage in sexual conduct [solicited] is: |
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(A) younger than 18 years of age, regardless of |
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whether the actor knows the age of the person [solicited] at the |
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time of [the actor commits] the offense; |
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(B) represented to the actor as being younger |
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than 18 years of age; or |
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(C) believed by the actor to be younger than 18 |
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years of age. |
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SECTION 9. Section 43.03, Penal Code, is amended to read as |
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follows: |
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Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person |
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commits an offense if, acting other than as a prostitute receiving |
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compensation for personally rendered prostitution services, the |
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actor [he or she] knowingly: |
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(1) receives money or other property pursuant to an |
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agreement to participate in the proceeds of prostitution; [or] |
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(2) solicits or procures another to engage in sexual |
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conduct with another person for compensation; |
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(3) provides a person or premises for prostitution |
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purposes; |
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(4) operates or assists in the operation of a |
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prostitution enterprise; or |
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(5) engages in other conduct designed to institute, |
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aid, or facilitate an act or enterprise of prostitution. |
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(b) An offense under this section is a Class A misdemeanor, |
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except that the offense is: |
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(1) a state jail felony if the actor has been |
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previously convicted of an offense under this section; or |
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(2) a felony of the second degree if the actor engages |
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in conduct described by Subsection (a) [(a)(1) or (2)] involving a |
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person younger than 18 years of age engaging in prostitution, |
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regardless of whether the actor knows the age of the person at the |
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time of [the actor commits] the offense. |
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(c) A conviction may be used for purposes of enhancement |
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under this section or enhancement under Subchapter D, Chapter 12, |
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but not under both this section and Subchapter D, Chapter 12. For |
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purposes of enhancement of penalties under this section or |
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Subchapter D, Chapter 12, a defendant is previously convicted of an |
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offense under this section if the defendant was adjudged guilty of |
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the offense or entered a plea of guilty or nolo contendere in return |
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for a grant of deferred adjudication community supervision, |
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regardless of whether the sentence for the offense was ever imposed |
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or whether the sentence was probated and the defendant was |
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subsequently discharged from deferred adjudication community |
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supervision. |
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(d) 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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SECTION 10. Section 43.04(b), Penal Code, is amended to |
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read as follows: |
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(b) An offense under this section is a felony of the second |
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[third] degree, except that the offense is a felony of the first |
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degree if the prostitution enterprise uses as a prostitute one or |
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more persons younger than 18 years of age, regardless of whether the |
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actor knows the age of the person at the time of [the actor commits] |
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the offense. |
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SECTION 11. Section 43.05(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person 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 child younger than 18 years |
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to commit prostitution, regardless of whether the actor knows the |
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age of the child at the time of [the actor commits] the offense. |
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SECTION 12. Section 43.25, Penal Code, is amended by |
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amending Subsections (c) and (e) and adding Subsection (h) to read |
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as follows: |
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(c) An offense under Subsection (b) is a felony of the |
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second degree, except that the offense is a felony of the first |
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degree if the victim is younger than 14 years of age at the time the |
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offense is committed, regardless of whether the actor knows the age |
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of the victim at the time of the offense. |
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(e) An offense under Subsection (d) is a felony of the third |
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degree, except that the offense is a felony of the second degree if |
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the victim is younger than 14 years of age at the time the offense is |
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committed, regardless of whether the actor knows the age of the |
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victim at the time of the offense. |
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(h) Conduct under this section constitutes an offense |
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regardless of whether the actor knows the age of the victim at the |
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time of the offense. |
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SECTION 13. Section 43.251, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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the victim [child] is younger than 14 years of age at the time the |
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offense is committed, regardless of whether the actor knows the age |
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of the victim at the time of the offense. |
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(d) Conduct under this section constitutes an offense |
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regardless of whether the actor knows the age of the victim at the |
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time of the offense. |
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SECTION 14. The changes in law made by this Act apply 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 15. This Act takes effect September 1, 2017. |