Bill Text: TX HB3800 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to required reporting of human trafficking cases by certain law enforcement entities and by prosecutors.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB3800 Detail]
Download: Texas-2019-HB3800-Enrolled.html
H.B. No. 3800 |
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relating to required reporting of human trafficking cases by | ||
certain law enforcement entities and by prosecutors. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.305 to read as follows: | ||
Art. 2.305. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING | ||
CASES. (a) This article applies only to: | ||
(1) a municipal police department, sheriff's | ||
department, constable's office, county attorney's office, district | ||
attorney's office, and criminal district attorney's office, as | ||
applicable, in a county with a population of more than 50,000; and | ||
(2) the Department of Public Safety. | ||
(b) An entity described by Subsection (a) that investigates | ||
the alleged commission of an offense under Chapter 20A, Penal Code, | ||
or the alleged commission of an offense under Chapter 43, Penal | ||
Code, which may involve human trafficking, shall submit to the | ||
attorney general the following information: | ||
(1) the offense being investigated, including a brief | ||
description of the alleged prohibited conduct; | ||
(2) regarding each person suspected of committing the | ||
offense and each victim of the offense: | ||
(A) the person's: | ||
(i) age; | ||
(ii) gender; and | ||
(iii) race or ethnicity, as defined by | ||
Article 2.132; and | ||
(B) the case number associated with the offense | ||
and the person suspected of committing the offense; | ||
(3) the date, time, and location of the alleged | ||
offense; | ||
(4) the type of human trafficking involved, including: | ||
(A) forced labor or services, as defined by | ||
Section 20A.01, Penal Code; | ||
(B) causing the victim by force, fraud, or | ||
coercion to engage in prohibited conduct involving one or more | ||
sexual activities, including conduct described by Section | ||
20A.02(a)(3), Penal Code; or | ||
(C) causing a child victim by any means to engage | ||
in, or become the victim of, prohibited conduct involving one or | ||
more sexual activities, including conduct described by Section | ||
20A.02(a)(7), Penal Code; | ||
(5) if available, information regarding any victims' | ||
service organization or program to which the victim was referred as | ||
part of the investigation; and | ||
(6) the disposition of the investigation, regardless | ||
of the manner of disposition. | ||
(c) An attorney representing the state who prosecutes the | ||
alleged commission of an offense under Chapter 20A, Penal Code, or | ||
the alleged commission of an offense under Chapter 43, Penal Code, | ||
which may involve human trafficking, shall submit to the attorney | ||
general the following information: | ||
(1) the offense being prosecuted, including a brief | ||
description of the alleged prohibited conduct; | ||
(2) any other charged offense that is part of the same | ||
criminal episode out of which the offense described by Subdivision | ||
(1) arose; | ||
(3) the information described by Subsections (b)(2), | ||
(3), (4), and (5); and | ||
(4) the disposition of the prosecution, regardless of | ||
the manner of disposition. | ||
(d) The attorney general shall enter into a contract with a | ||
university that provides for the university's assistance in the | ||
collection and analysis of information received under this article. | ||
(e) In consultation with the entities described by | ||
Subsection (a), the attorney general shall adopt rules to | ||
administer this article, including rules prescribing: | ||
(1) the form and manner of submission of a report | ||
required by Subsection (b) or (c); and | ||
(2) additional information to include in a report | ||
required by Subsection (b) or (c). | ||
SECTION 2. Notwithstanding Article 2.305, Code of Criminal | ||
Procedure, as added by this Act: | ||
(1) the Department of Public Safety of the State of | ||
Texas is not required to comply with that article until August 1, | ||
2020; and | ||
(2) an entity described by Subsection (a) of that | ||
article, other than the Department of Public Safety of the State of | ||
Texas: | ||
(A) if located in a county with a population of | ||
more than 500,000, is not required to comply with that article until | ||
August 1, 2020; and | ||
(B) if located in a county with a population of | ||
500,000 or less, is not required to comply with that article until | ||
August 1, 2021. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3800 was passed by the House on May | ||
10, 2019, by the following vote: Yeas 136, Nays 2, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 3800 on May 24, 2019, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 3800 on May 26, 2019, by the following vote: Yeas 145, | ||
Nays 0, 1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3800 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
3800 on May 26, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |