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AN ACT
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relating to required reporting of human trafficking cases by |
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certain law enforcement entities and by prosecutors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.305 to read as follows: |
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Art. 2.305. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING |
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CASES. (a) This article applies only to: |
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(1) a municipal police department, sheriff's |
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department, constable's office, county attorney's office, district |
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attorney's office, and criminal district attorney's office, as |
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applicable, in a county with a population of more than 50,000; and |
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(2) the Department of Public Safety. |
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(b) An entity described by Subsection (a) that investigates |
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the alleged commission of an offense under Chapter 20A, Penal Code, |
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or the alleged commission of an offense under Chapter 43, Penal |
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Code, which may involve human trafficking, shall submit to the |
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attorney general the following information: |
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(1) the offense being investigated, including a brief |
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description of the alleged prohibited conduct; |
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(2) regarding each person suspected of committing the |
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offense and each victim of the offense: |
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(A) the person's: |
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(i) age; |
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(ii) gender; and |
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(iii) race or ethnicity, as defined by |
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Article 2.132; and |
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(B) the case number associated with the offense |
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and the person suspected of committing the offense; |
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(3) the date, time, and location of the alleged |
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offense; |
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(4) the type of human trafficking involved, including: |
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(A) forced labor or services, as defined by |
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Section 20A.01, Penal Code; |
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(B) causing the victim by force, fraud, or |
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coercion to engage in prohibited conduct involving one or more |
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sexual activities, including conduct described by Section |
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20A.02(a)(3), Penal Code; or |
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(C) causing a child victim by any means to engage |
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in, or become the victim of, prohibited conduct involving one or |
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more sexual activities, including conduct described by Section |
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20A.02(a)(7), Penal Code; |
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(5) if available, information regarding any victims' |
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service organization or program to which the victim was referred as |
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part of the investigation; and |
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(6) the disposition of the investigation, regardless |
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of the manner of disposition. |
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(c) An attorney representing the state who prosecutes the |
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alleged commission of an offense under Chapter 20A, Penal Code, or |
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the alleged commission of an offense under Chapter 43, Penal Code, |
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which may involve human trafficking, shall submit to the attorney |
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general the following information: |
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(1) the offense being prosecuted, including a brief |
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description of the alleged prohibited conduct; |
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(2) any other charged offense that is part of the same |
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criminal episode out of which the offense described by Subdivision |
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(1) arose; |
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(3) the information described by Subsections (b)(2), |
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(3), (4), and (5); and |
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(4) the disposition of the prosecution, regardless of |
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the manner of disposition. |
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(d) The attorney general shall enter into a contract with a |
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university that provides for the university's assistance in the |
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collection and analysis of information received under this article. |
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(e) In consultation with the entities described by |
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Subsection (a), the attorney general shall adopt rules to |
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administer this article, including rules prescribing: |
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(1) the form and manner of submission of a report |
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required by Subsection (b) or (c); and |
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(2) additional information to include in a report |
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required by Subsection (b) or (c). |
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SECTION 2. Notwithstanding Article 2.305, Code of Criminal |
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Procedure, as added by this Act: |
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(1) the Department of Public Safety of the State of |
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Texas is not required to comply with that article until August 1, |
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2020; and |
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(2) an entity described by Subsection (a) of that |
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article, other than the Department of Public Safety of the State of |
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Texas: |
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(A) if located in a county with a population of |
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more than 500,000, is not required to comply with that article until |
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August 1, 2020; and |
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(B) if located in a county with a population of |
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500,000 or less, is not required to comply with that article until |
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August 1, 2021. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3800 was passed by the House on May |
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10, 2019, by the following vote: Yeas 136, Nays 2, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3800 on May 24, 2019, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3800 on May 26, 2019, by the following vote: Yeas 145, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3800 was passed by the Senate, with |
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amendments, on May 22, 2019, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3800 on May 26, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |