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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment for the offense of |
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trafficking of persons; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 20A.02(a), Penal Code, is amended to |
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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 or disabled individual with the |
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intent that the trafficked child or disabled individual engage in |
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forced labor or services, regardless of whether the person knows |
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the age of the child or whether the person knows the victim is |
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disabled; |
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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, regardless of whether the person knows the age of the |
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child or whether the person knows the victim is disabled; |
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(7) traffics a child or disabled individual, |
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regardless of whether the person knows the age of the child or |
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whether the person knows the victim is disabled, and by any means |
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causes the trafficked child or disabled individual to engage in, or |
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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), regardless of whether the |
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person knows the age of the child or whether the person knows the |
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victim is disabled. |
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SECTION 2. Section 20A.02(b), Penal Code, as amended by |
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Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th |
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Legislature, Regular Session, 2023, is reenacted and amended to |
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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 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 serious |
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bodily injury to or the death of the person who is trafficked; or |
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[(3) the commission of the offense results in the |
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death of an unborn child of the person who is trafficked; or |
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[(4) the actor: |
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[(A) used or exhibited a deadly weapon during the |
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commission of the offense; |
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[(B) intentionally, knowingly, or recklessly |
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impeded the normal breathing or circulation of the blood of the |
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trafficked person by applying pressure to the person's throat or |
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neck or by blocking the person's nose or mouth]. |
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SECTION 3. Section 20A.02(b-1), Penal Code, as amended by |
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Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th |
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Legislature, Regular Session, 2023, is reenacted and amended to |
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read as follows: |
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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; [or] |
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(B) an institution of higher education or private |
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or independent institution of higher education, as defined by |
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Section 61.003, Education Code; [or] |
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(C) [(B)] a juvenile detention facility; |
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(D) [(C)] a post-adjudication secure |
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correctional facility; |
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(E) [(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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(F) [(E)] a community center offering youth |
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services and programs; or |
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(G) [(F)] a child-care facility, as defined by |
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Section 42.002, Human Resources Code; or |
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(2) on the premises where or within 1,000 feet of the |
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premises 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 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(a)(5),(6),(7), or (8) |
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[20A.02, if punishable as a felony of the first degree under Section |
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20A.02(b)(1)] (Labor or Sex Trafficking of a Child or Disabled |
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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. 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 6. This Act takes effect September 1, 2025. |