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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offenses of trafficking of |
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persons and continuous 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.02, Penal Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) This subsection applies only to a prosecution for an |
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offense under Subsection (a)(7) or (8), in which the actor is |
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alleged to have caused a trafficked child or disabled individual to |
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engage in or become the victim of prostitution, as defined by |
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Section 43.01. It is not a defense to a prosecution described by |
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this subsection that the trafficked child or disabled individual: |
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(1) lacks the culpable mental state to engage in the |
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act of prostitution; or |
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(2) did not complete the act of prostitution. |
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SECTION 2. Section 20A.03, Penal Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) This subsection applies only to a prosecution for an |
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offense under this section based on conduct constituting an offense |
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under Section 20A.02(a)(7) or (8), in which the actor is alleged to |
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have caused for one or more times a trafficked child or disabled |
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individual to engage in or become the victim of prostitution as |
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defined by Section 43.01. It is not a defense to a prosecution |
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described by this subsection that the trafficked child or disabled |
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individual: |
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(1) lacks the culpable mental state to engage in the |
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act of prostitution; or |
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(2) did not complete the act of prostitution. |
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SECTION 3. 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 was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |