BILL ANALYSIS

S.B. 436

By: Middleton

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to a 2020 article published in the International Journal of Environmental Research and Public Health, "Organ Trafficking and Migration: A Bibliometric Analysis of an Untold Story," it is estimated that trafficked organs account for up to 10 percent of organ transplants performed around the world. Individuals have reported being misled, coerced, or otherwise forced into selling their organs. Yet, the current penalty for purchasing or selling human organs is only a Class A misdemeanor offense. S.B. 436 would seek to address this issue by increasing the criminal penalty for engaging in organ trafficking.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 436 amends the Penal Code to increase from a Class A misdemeanor to a state jail felony the penalty for purchasing or selling human organs. The bill applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.