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AN ACT
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relating to increasing the criminal penalty for the offense of |
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trafficking of persons if committed at certain locations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 20A.02(b) and (b-1), Penal Code, are |
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amended to read as follows: |
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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 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; or |
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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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(b-1) An offense under this section is a felony of the first |
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degree punishable by imprisonment in the Texas Department of |
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Criminal Justice for life or for a term of not more than 99 years or |
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less than 25 years if it is shown on the trial of the offense that |
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the actor committed the offense in a location that was: |
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(1) on the premises of or within 1,000 feet of the |
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premises of: |
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(A) a school; |
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(B) a juvenile detention facility; |
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(C) a post-adjudication secure correctional |
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facility; |
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(D) a shelter or facility operating as a |
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residential treatment center that serves runaway youth, foster |
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children, people who are homeless, or persons subjected to human |
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trafficking, domestic violence, or sexual assault; |
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(E) a community center offering youth services |
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and programs; or |
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(F) a child-care facility, as defined by Section |
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42.002, Human Resources Code; or |
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(2) on premises or within 1,000 feet of premises |
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where: |
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(A) an official school function was taking place; |
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or |
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(B) an event sponsored or sanctioned by the |
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University Interscholastic League was taking place. |
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SECTION 2. 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 3. 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. 3554 was passed by the House on May 4, |
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2023, by the following vote: Yeas 145, Nays 0, 2 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. 3554 was passed by the Senate on May |
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18, 2023, 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 |