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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the attorney general to investigate |
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and prosecute criminal offenses involving the trafficking of |
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persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Penal Code, is amended by adding Chapter |
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20B to read as follows: |
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CHAPTER 20B. CONCURRENT JURISDICTION IN CASES INVOLVING |
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TRAFFICKING OF PERSONS |
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Sec. 20B.01. DEFINITION. In this chapter, "criminal |
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episode" has the meaning assigned by Section 3.01. |
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Sec. 20B.02. PROSECUTION BY ATTORNEY GENERAL IN |
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MULTIJURISDICTIONAL CASES AUTHORIZED. (a) The attorney general |
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may prosecute an offense under Chapter 20A if the offense or any |
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element of the offense: |
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(1) occurs in more than one county in this state; |
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(2) occurs in a county in this state as well as in |
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another state or country; or |
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(3) is facilitated by the use of United States mail, |
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e-mail, telephone, facsimile, the Internet, or a wireless |
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communication from: |
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(A) one county in this state to another county in |
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this state; |
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(B) a county in this state to another state or |
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country; or |
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(C) another state or country to a county in this |
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state. |
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(b) The attorney general may prosecute any other offense |
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that occurs in this state and arises out of the same criminal |
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episode as an offense described by Subsection (a). |
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(c) The attorney general may appear before a grand jury in |
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connection with an offense the attorney general is authorized to |
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prosecute under this section. |
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(d) The authority to prosecute prescribed by this section |
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does not affect the authority derived from other law to prosecute |
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the same offenses. |
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(e) If a defendant commits an offense under Chapter 20A that |
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is part of a criminal episode, the attorney general may consolidate |
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the prosecution of all offenses arising out of the same criminal |
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episode in any county that has venue over an offense constituting |
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part of that criminal episode. |
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Sec. 20B.03. SINGLE JURISDICTIONAL CASE: CONCURRENT |
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JURISDICTION WITH CONSENT OF LOCAL PROSECUTOR. With the consent of |
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the appropriate local county or district attorney, the attorney |
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general has concurrent jurisdiction with that consenting local |
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prosecutor to prosecute an offense under Chapter 20A and any other |
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offense arising out of the same criminal episode. This section does |
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not apply to an offense described by Section 20B.02(a). |
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Sec. 20B.04. SINGLE JURISDICTIONAL CASE: CONCURRENT |
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JURISDICTION FOLLOWING LOCAL PROSECUTOR'S RIGHT OF FIRST REFUSAL. |
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(a) This section does not apply to an offense described by Section |
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20B.02(a) or an offense for which the attorney general has |
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established concurrent jurisdiction under Section 20B.03. |
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(b) Not later than the 14th day after the date a local county |
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or district attorney becomes aware of conduct that may constitute |
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an offense under Chapter 20A, the local county or district attorney |
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shall notify the attorney general in writing of the conduct. The |
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notice provided under this subsection must describe the conduct |
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that may constitute an offense under Chapter 20A and must describe |
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or otherwise identify each person suspected at that time of having |
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engaged in the conduct. |
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(c) If a local county or district attorney described by |
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Subsection (b) determines that the attorney will not pursue a |
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criminal investigation of the applicable conduct or will not |
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prosecute a criminal charge in relation to that conduct, the local |
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county or district attorney shall notify the attorney general of |
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that determination not later than the 14th day after the date of the |
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determination. On receipt of notice under this subsection, the |
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attorney general may begin a criminal investigation of the |
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applicable conduct and may prosecute: |
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(1) any offense under Chapter 20A relating to the |
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attorney general's investigation of that conduct; and |
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(2) any other offense arising out of the same criminal |
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episode. |
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SECTION 2. The change in law made by this Act applies only |
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to the investigation and prosecution of an offense committed on or |
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after the effective date of this Act. The investigation and |
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prosecution of an offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. 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 3. This Act takes effect September 1, 2019. |