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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for certain |
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trafficking and prostitution offenses and to certain other |
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consequences of those offenses; changing eligibility for community |
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supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.054(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Article 42A.053 does not apply to a defendant adjudged |
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guilty of an offense under: |
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(1) Section 15.03, Penal Code, if the offense is |
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punishable as a felony of the first degree; |
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(2) Section 19.02, Penal Code (Murder); |
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(3) Section 19.03, Penal Code (Capital Murder); |
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(4) Section 20.04, Penal Code (Aggravated |
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Kidnapping); |
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(5) Section 20A.02, Penal Code (Trafficking of |
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Persons); |
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(6) Section 21.11(a)(1), Penal Code (Indecency with a |
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Child); |
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(7) Section 22.011, Penal Code (Sexual Assault); |
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(8) Section 22.021, Penal Code (Aggravated Sexual |
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Assault); |
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(9) Section 22.04(a)(1), Penal Code (Injury to a |
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Child, Elderly Individual, or Disabled Individual), if: |
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(A) the offense is punishable as a felony of the |
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first degree; and |
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(B) the victim of the offense is a child; |
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(10) Section 29.03, Penal Code (Aggravated Robbery); |
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(11) Section 30.02, Penal Code (Burglary), if: |
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(A) the offense is punishable under Subsection |
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(d) of that section; and |
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(B) the actor committed the offense with the |
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intent to commit a felony under Section 21.02, 21.11, 22.011, |
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22.021, or 25.02, Penal Code; |
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(12) Section 43.03, Penal Code (Promotion of |
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Prostitution); |
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(13) Section 43.04, Penal Code (Aggravated Promotion |
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of Prostitution); |
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(14) Section 43.05, Penal Code (Compelling |
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Prostitution); |
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(15) [(13)] Section 43.25, Penal Code (Sexual |
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Performance by a Child); or |
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(16) [(14)] Chapter 481, Health and Safety Code, for |
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which punishment is increased under: |
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(A) Section 481.140 of that code (Use of Child in |
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Commission of Offense); or |
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(B) Section 481.134(c), (d), (e), or (f) of that |
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code (Drug-free Zones) if it is shown that the defendant has been |
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previously convicted of an offense for which punishment was |
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increased under any of those subsections. |
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SECTION 2. Article 42A.056, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
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SUPERVISION. A defendant is not eligible for community |
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supervision under Article 42A.055 if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of a state jail felony for which |
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suspension of the imposition of the sentence occurs automatically |
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under Article 42A.551; |
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(3) is adjudged guilty of an offense under Section |
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19.02, Penal Code; |
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(4) is convicted of an offense under Section |
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21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the |
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offense was younger than 14 years of age at the time the offense was |
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committed; |
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(5) is convicted of an offense under Section 20.04, |
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Penal Code, if: |
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(A) the victim of the offense was younger than 14 |
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years of age at the time the offense was committed; and |
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(B) the actor committed the offense with the |
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intent to violate or abuse the victim sexually; |
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(6) is convicted of an offense under Section 20A.02, |
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43.03, 43.04, 43.05, or 43.25, Penal Code; or |
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(7) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any of those subsections. |
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SECTION 3. Article 62.001(5), Code of Criminal Procedure, |
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is amended to read as follows: |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.02 (Continuous |
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sexual abuse of young child or children), 21.09 (Bestiality), 21.11 |
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(Indecency with a child), 22.011 (Sexual assault), 22.021 |
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(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), |
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Penal Code; |
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(B) a violation of Section 43.03 (Promotion of |
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prostitution), 43.04 (Aggravated promotion of prostitution), 43.05 |
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(Compelling prostitution), 43.25 (Sexual performance by a child), |
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or 43.26 (Possession or promotion of child pornography), Penal |
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Code; |
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(B-1) a violation of Section 43.02 |
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(Prostitution), Penal Code, if the offense is punishable under |
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Subsection (c-1)(3) of that section; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
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Penal Code, if the offense or conduct is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
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(Indecent exposure), Penal Code, but not if the second violation |
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results in a deferred adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L); |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), |
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(G), (J), (K), or (L), but not if the violation results in a |
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deferred adjudication; |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure, but not if the second violation |
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results in a deferred adjudication; |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code; |
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(K) a violation of Section 20A.02(a)(3), (4), |
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(7), or (8) (Trafficking of persons), Penal Code; or |
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(L) a violation of Section 20A.03 (Continuous |
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trafficking of persons), Penal Code, if the offense is based partly |
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or wholly on conduct that constitutes an offense under Section |
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20A.02(a)(3), (4), (7), or (8) of that code. |
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SECTION 4. Section 773.0614(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) A certificate holder's certificate shall be revoked if |
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the certificate holder has been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition for: |
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(1) an offense listed in Article 42A.054(a)(2), (3), |
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(4), (6), (7), (8), (10), or (16) [(14)], Code of Criminal |
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Procedure; or |
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(2) an offense, other than an offense described by |
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Subdivision (1), committed on or after September 1, 2009, for which |
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the person is subject to registration under Chapter 62, Code of |
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Criminal Procedure. |
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SECTION 5. Section 773.06141(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department may suspend, revoke, or deny an emergency |
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medical services provider license on the grounds that the |
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provider's administrator of record, employee, or other |
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representative: |
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(1) has been convicted of, or placed on deferred |
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adjudication community supervision or deferred disposition for, an |
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offense that directly relates to the duties and responsibilities of |
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the administrator, employee, or representative, other than an |
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offense for which points are assigned under Section 708.052, |
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Transportation Code; |
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(2) has been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition for an |
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offense, including: |
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(A) an offense listed in Article 42A.054(a)(2), |
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(3), (4), (6), (7), (8), (10), or (16) [(14)], Code of Criminal |
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Procedure; or |
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(B) an offense, other than an offense described |
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by Subdivision (1), for which the person is subject to registration |
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under Chapter 62, Code of Criminal Procedure; or |
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(3) has been convicted of Medicare or Medicaid fraud, |
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has been excluded from participation in the state Medicaid program, |
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or has a hold on payment for reimbursement under the state Medicaid |
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program under Subchapter C, Chapter 531, Government Code. |
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SECTION 6. Section 20A.02(a-1), Penal Code, is amended to |
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read as follows: |
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(a-1) For purposes of Subsection (a)(3), "coercion" as |
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defined by Section 1.07 includes: |
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(1) destroying, concealing, confiscating, or |
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withholding from a [the] trafficked person, or threatening to |
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destroy, conceal, confiscate, or withhold from a [the] trafficked |
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person, the [trafficked] person's actual or purported: |
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(A) [(1)] government records; or |
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(B) [(2)] identifying information or documents; |
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(2) causing a trafficked person, without the person's |
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consent, to become intoxicated, as defined by Section 49.01, to a |
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degree that impairs the person's ability to appraise the nature of |
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the prohibited conduct or to resist engaging in that conduct; or |
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(3) withholding alcohol or a controlled substance to a |
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degree that impairs the ability of a trafficked person with a |
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chemical dependency, as defined by Section 462.001, Health and |
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Safety Code, to appraise the nature of the prohibited conduct or to |
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resist engaging in that conduct. |
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SECTION 7. Section 43.05, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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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, coercion, or |
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fraud to 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 offense. |
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(d) For purposes of this section, "coercion" as defined by |
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Section 1.07 includes: |
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(1) destroying, concealing, confiscating, or |
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withholding from a person, or threatening to destroy, conceal, |
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confiscate, or withhold from a person, the person's actual or |
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purported: |
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(A) government records; or |
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(B) identifying information or documents; |
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(2) causing a person, without the person's consent, to |
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become intoxicated, as defined by Section 49.01, to a degree that |
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impairs the person's ability to appraise the nature of the person's |
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conduct that constitutes prostitution or to resist engaging in that |
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conduct; or |
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(3) withholding alcohol or a controlled substance to a |
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degree that impairs the ability of a person with a chemical |
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dependency, as defined by Section 462.001, Health and Safety Code, |
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to appraise the nature of the person's conduct that constitutes |
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prostitution or to resist engaging in that conduct. |
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SECTION 8. (a) The change in law made by this Act to Article |
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62.001(5), Code of Criminal Procedure, applies only to a person who |
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is required to register under Chapter 62, Code of Criminal |
|
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Procedure, on the basis of a conviction or adjudication for or based |
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on an offense committed on or after the effective date of this Act. |
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A person who is required to register under Chapter 62, Code of |
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Criminal Procedure, solely on the basis of a conviction or |
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adjudication for or based on an offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. |
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(b) The changes in law made by this Act to Articles 42A.054 |
|
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and 42A.056, Code of Criminal Procedure, and Sections 20A.02 and |
|
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43.05, Penal Code, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. |
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(c) For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 9. This Act takes effect September 1, 2019. |