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AN ACT
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relating to the prosecution and punishment of the offense of |
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trafficking of persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20A.01, Penal Code, is amended by adding |
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Subdivision (1-b) to read as follows: |
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(1-b) "Disabled individual" has the meaning assigned by |
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Section 22.021(b). |
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SECTION 2. Sections 20A.02(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person knowingly: |
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(1) traffics another person with the intent that the |
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trafficked person engage in forced labor or services; |
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(2) receives a benefit from participating in a venture |
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that involves an activity described by Subdivision (1), including |
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by receiving labor or services the person knows are forced labor or |
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services; |
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(3) traffics another person and, through force, fraud, |
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or coercion, causes the trafficked person to engage in conduct |
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prohibited by: |
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(A) Section 43.02 (Prostitution); |
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(B) Section 43.03 (Promotion of Prostitution); |
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(B-1) Section 43.031 (Online Promotion of |
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Prostitution); |
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(C) Section 43.04 (Aggravated Promotion of |
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Prostitution); |
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(C-1) Section 43.041 (Aggravated Online |
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Promotion of Prostitution); or |
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(D) Section 43.05 (Compelling Prostitution); |
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(4) receives a benefit from participating in a venture |
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that involves an activity described by Subdivision (3) or engages |
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in sexual conduct with a person trafficked in the manner described |
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in Subdivision (3); |
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(5) traffics a child with the intent that the |
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trafficked child engage in forced labor or services; |
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(6) receives a benefit from participating in a venture |
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that involves an activity described by Subdivision (5), including |
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by receiving labor or services the person knows are forced labor or |
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services; |
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(7) traffics a child or disabled individual and by any |
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means causes the trafficked child or disabled individual to engage |
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in, or become the victim of, conduct prohibited by: |
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(A) Section 21.02 (Continuous Sexual Abuse of |
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Young Child or Disabled Individual); |
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(B) Section 21.11 (Indecency with a Child); |
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(C) Section 22.011 (Sexual Assault); |
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(D) Section 22.021 (Aggravated Sexual Assault); |
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(E) Section 43.02 (Prostitution); |
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(E-1) Section 43.021 (Solicitation of |
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Prostitution); |
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(F) Section 43.03 (Promotion of Prostitution); |
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(F-1) Section 43.031 (Online Promotion of |
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Prostitution); |
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(G) Section 43.04 (Aggravated Promotion of |
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Prostitution); |
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(G-1) Section 43.041 (Aggravated Online |
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Promotion of Prostitution); |
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(H) Section 43.05 (Compelling Prostitution); |
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(I) Section 43.25 (Sexual Performance by a |
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Child); |
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(J) Section 43.251 (Employment Harmful to |
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Children); or |
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(K) Section 43.26 (Possession or Promotion of |
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Child Pornography); or |
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(8) receives a benefit from participating in a venture |
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that involves an activity described by Subdivision (7) or engages |
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in sexual conduct with a child or disabled individual trafficked in |
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the manner described in Subdivision (7). |
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(b) Except as otherwise provided by this subsection and |
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Subsection (b-1), an offense under this section is a felony of the |
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second degree. An offense under this section is a felony of the |
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first degree if: |
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(1) the applicable conduct constitutes an offense |
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under Subsection (a)(5), (6), (7), or (8), regardless of whether |
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the actor knows the age of the child or whether the actor knows the |
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victim is disabled at the time of the offense; |
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(2) the commission of the offense results in the death |
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of the person who is trafficked; |
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(3) the commission of the offense results in the death |
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of an unborn child of the person who is trafficked; or |
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(4) the actor recruited, enticed, or obtained the |
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victim of the offense from a shelter or facility operating as a |
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residential treatment center that serves runaway youth, foster |
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children, the homeless, or persons subjected to human trafficking, |
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domestic violence, or sexual assault. |
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SECTION 3. Section 16.0045(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) A person must bring suit for personal injury not later |
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than 30 years after the day the cause of action accrues if the |
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injury arises as a result of conduct that violates: |
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(1) Section 22.011(a)(2), Penal Code (sexual assault |
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of a child); |
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(2) Section 22.021(a)(1)(B), Penal Code (aggravated |
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sexual assault of a child); |
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(3) Section 21.02, Penal Code (continuous sexual abuse |
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of young child or disabled individual); |
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(4) Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or |
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Section 20A.02(a)(8), Penal Code, involving an activity described |
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by Section 20A.02(a)(7)(A), (B), (C), (D), or (H) or sexual conduct |
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with a child or disabled individual trafficked in the manner |
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described by Section 20A.02(a)(7), Penal Code (certain sexual |
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trafficking [of a child]); |
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(5) Section 43.05(a)(2), Penal Code (compelling |
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prostitution by a child); or |
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(6) Section 21.11, Penal Code (indecency with a |
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child). |
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SECTION 4. Section 2(a), Article 38.37, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) Subsection (b) applies only to the trial of a defendant |
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for: |
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(1) an offense under any of the following provisions |
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of the Penal Code: |
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(A) Section 20A.02, if punishable as a felony of |
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the first degree under Section 20A.02(b)(1) (Sex Trafficking of a |
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Child or Disabled Individual); |
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(B) Section 21.02 (Continuous Sexual Abuse of |
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Young Child or Disabled Individual); |
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(C) Section 21.11 (Indecency With a Child); |
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(D) Section 22.011(a)(2) (Sexual Assault of a |
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Child); |
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(E) Sections 22.021(a)(1)(B) and (2) (Aggravated |
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Sexual Assault of a Child); |
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(F) Section 33.021 (Online Solicitation of a |
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Minor); |
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(G) Section 43.25 (Sexual Performance by a |
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Child); or |
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(H) Section 43.26 (Possession or Promotion of |
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Child Pornography), Penal Code; or |
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(2) an attempt or conspiracy to commit an offense |
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described by Subdivision (1). |
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SECTION 5. Section 772.0062(a)(1), Government Code, is |
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amended to read as follows: |
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(1) "Child sex trafficking" means conduct |
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constituting an offense [prohibited] under Section 20A.02(a)(7) or |
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(8), Penal Code, that is committed against a child. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2023. |
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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. 279 was passed by the House on April |
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14, 2023, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 279 was passed by the Senate on May |
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10, 2023, by the following vote: Yeas 30, 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 |