85R9984 LHC-F

By: Parker H.B. No. 2960

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of certain trafficking and sexual offenses; increasing a criminal penalty.

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

SECTION 1. Section 20A.02(b), Penal Code, is amended to read as follows:

(b) Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. 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), regardless of whether the actor knows the age of the child at the time of [the actor commits] the offense; or

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

SECTION 2. Section 21.02(b), Penal Code, is amended to read as follows:

(b) A person commits an offense if:

(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and

(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense.

SECTION 3. Section 21.11(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or

(2) with intent to arouse or gratify the sexual desire of any person:

(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or

(B) causes the child to expose the child's anus or any part of the child's genitals.

SECTION 4. Section 22.011(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if [the person]:

(1) the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2) regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:

(A) causes the penetration of the anus or sexual organ of a child by any means;

(B) causes the penetration of the mouth of a child by the sexual organ of the actor;

(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

SECTION 5. Section 22.021(a), Penal Code, is amended to read as follows:

(a) A person commits an offense:

(1) if the person:

(A) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child by any means;

(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;

(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or

(C) the victim is an elderly individual or a disabled individual.

SECTION 6. Section 33.021(a)(1), Penal Code, is amended to read as follows:

(1) "Minor" means:

(A) an individual who is younger than 17 years of age regardless of whether the actor knows the age of the individual at the time of the offense; or

(B) an individual whom the actor believes to be younger than 17 years of age.

SECTION 7. Section 33.021(f), Penal Code, is amended to read as follows:

(f) An offense under Subsection (b) is a felony of the third degree, except that the offense is a felony of the second degree if, at the time of the offense, the minor is younger than 14 years of age, regardless of whether the actor knows the age of the minor at that time, or is an individual whom the actor believes to be younger than 14 years of age at that [the] time [of the commission of the offense]. An offense under Subsection (c) is a felony of the second degree.

SECTION 8. Section 43.01, Penal Code, is amended by adding Subdivision (1-a) to read as follows:

(1-a) "Item of value" means money or a good, service, or object that functions as consideration.

SECTION 9. Section 43.02, Penal Code, as amended by Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th Legislature, Regular Session, 2015, is amended by amending Subsections (a), (b), and (b-1), reenacting Subsection (c), and reenacting and amending Subsection (c-1) to read as follows:

(a) A person commits an offense if, in return for receipt of an item of value [a fee], the person knowingly:

(1) offers to engage, agrees to engage, or engages in sexual conduct; or

(2) solicits another [in a public place] to engage with the actor in sexual conduct [for hire].

(b) A person commits an offense if, based on the exchange [payment] of an item of value [a fee] by the actor or another person on behalf of the actor, the person knowingly:

(1) offers to engage, agrees to engage, or engages in sexual conduct; or

(2) solicits another [in a public place] to engage with the actor in sexual conduct [for hire].

(b-1) An offense is established under Subsection (a) regardless of whether the actor is offered or actually receives the item of value [fee]. An offense is established under Subsection (b) regardless of whether the actor or another person on behalf of the actor offers or actually exchanges the item of value [pays the fee].

(c) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is:

(1) a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or

(2) a state jail felony if the actor has previously been convicted three or more times of an offense under Subsection (a).

(c-1) An offense under Subsection (b) is a Class A [B] misdemeanor, except that the offense is:

(1) a state jail felony [Class A misdemeanor] if the actor has previously been convicted one or two times of an offense under Subsection (b);

(2) a [state jail] felony of the third degree if the actor has previously been convicted three or more times of an offense under Subsection (b); or

(3) a felony of the second degree if the person solicited is:

(A) younger than 18 years of age, regardless of whether the actor knows the age of the person solicited at the time of [the actor commits] the offense;

(B) represented to the actor as being younger than 18 years of age; or

(C) believed by the actor to be younger than 18 years of age.

SECTION 10. Section 43.03, Penal Code, is amended to read as follows:

Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, the actor [he or she] knowingly:

(1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; [or]

(2) solicits or procures another to engage in sexual conduct with another person for compensation;

(3) provides a person or premises for prostitution purposes;

(4) operates or assists in the operation of a prostitution enterprise; or

(5) engages in other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution.

(b) An offense under this section is a Class A misdemeanor, except that the offense is:

(1) a state jail felony if the actor has been previously convicted of an offense under this section; or

(2) a felony of the second degree if the actor engages in conduct described by Subsection (a) [(a)(1) or (2)] involving a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time of [the actor commits] the offense.

(c) A conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D, Chapter 12. For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is previously convicted of an offense under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication community supervision, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from deferred adjudication community supervision.

SECTION 11. Section 43.04, Penal Code, is amended to read as follows:

Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A person commits an offense if the person engages in conduct that constitutes an offense under Section 43.03 and the person:

(1) engages in the conduct with respect to two or more prostitutes; or

(2) while engaged in the conduct:

(A) causes serious bodily injury to another; or

(B) uses or exhibits a deadly weapon [he knowingly owns, invests in, finances, controls, supervises, or manages a prostitution enterprise that uses two or more prostitutes].

(b) An offense under this section is a felony of the third degree, except that an [the] offense under Subsection (a)(1) is a felony of the first degree if the applicable conduct involves the use of [prostitution enterprise uses as a prostitute] one or more persons younger than 18 years of age as a prostitute, regardless of whether the actor knows the age of the person at the time of [the actor commits] the offense.

SECTION 12. Section 43.05(a), Penal Code, is amended to read as follows:

(a) A person commits an offense if the person knowingly:

(1) causes another by force, threat, or fraud to commit prostitution; or

(2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time of [the actor commits] the offense.

SECTION 13. Section 43.25, Penal Code, is amended by amending Subsections (c) and (e) and adding Subsection (h) to read as follows:

(c) An offense under Subsection (b) is a felony of the second degree, except that the offense is a felony of the first degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.

(e) An offense under Subsection (d) is a felony of the third degree, except that the offense is a felony of the second degree if the victim is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.

(h) Conduct under this section constitutes an offense regardless of whether the actor knows the age of the victim at the time of the offense.

SECTION 14. Section 43.251, Penal Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:

(c) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the victim [child] is younger than 14 years of age at the time the offense is committed, regardless of whether the actor knows the age of the victim at the time of the offense.

(d) Conduct under this section constitutes an offense regardless of whether the actor knows the age of the victim at the time of the offense.

SECTION 15. The changes in law made by this Act apply 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 16. This Act takes effect September 1, 2017.