BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Human trafficking is a global crisis that affects millions of people every year, including men, women, and children who are subjected to forced labor, sexual exploitation, and other forms of modern-day slavery. In Texas, human trafficking is a significant problem, with the state ranking second in the nation for the number of reported cases.

Traffickers use various tactics to lure and control their victims, including recruitment from vulnerable populations such as homeless individuals, runaways, and foster children. In some cases, traffickers also recruit their victims from jails or correctional facilities while they are confined, taking advantage of their vulnerable and isolated status. This type of recruitment is particularly heinous, as victims are already in a vulnerable and restricted environment with limited options for escape or assistance.

Furthermore, some traffickers use violent and life-threatening methods to control their victims, such as strangulation or suffocation. This type of physical abuse can lead to severe injuries or even death for the victim. Traffickers who use such violent tactics need to be held accountable for their actions and face severe punishment for their crimes.

S.B. 1011 enhances the penalty traffickers who recruit their victims from jails and use strangulation as a means of control, raising these cases from second degree felonies to first degree felonies. Enhancing the penalty for these traffickers can help deter this type of criminal activity and send a message that such behavior will not be tolerated in Texas. By increasing the punishment for these offenses, the state can better protect vulnerable populations and hold traffickers accountable for their heinous crimes.

(Original Author's/Sponsor's Statement of Intent)

The substitute to S.B. 1011 removes the strangulation provision, but the recruitment in the jails provision remains.

C.S.S.B. 1011 amends current law relating to the punishment for the offense of trafficking of persons.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 20A.02(b), Penal Code, as follows:

(b) Provides that an offense under Section 20A.02 (Trafficking of Persons) is a felony of the first degree if:

(1)-(3) makes no changes to these subdivisions;� or

(4)� the actor recruited, enticed, or obtained the trafficked person, rather than the victim of the offense, from a:

(A) creates this paragraph from existing text; or

(B) correctional facility while the trafficked person was confined in the facility.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2023.