Bill Text: TX HB8 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the prosecution and punishment of offenses related to trafficking of persons and to certain protections for victims of trafficking of persons.
Spectrum: Slight Partisan Bill (Republican 20-8)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB8 Detail]
Download: Texas-2013-HB8-Enrolled.html
H.B. No. 8 |
|
||
relating to the prosecution and punishment of offenses related to | ||
trafficking of persons and to certain protections for victims of | ||
trafficking of persons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 7A, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
CHAPTER 7A. PROTECTIVE ORDER FOR [ |
||
|
||
SECTION 2. Article 7A.01(a), Code of Criminal Procedure, as | ||
amended by Chapters 1 (S.B. 24) and 135 (S.B. 250), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is reenacted and amended to | ||
read as follows: | ||
(a) The following persons may file an application for a | ||
protective order under this chapter without regard to the | ||
relationship between the applicant and the alleged offender: | ||
(1) a person who is the victim of an offense under | ||
Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code; | ||
(2) a person who is the victim of an offense under | ||
Section 20A.02 [ |
||
Penal Code; | ||
(3) a parent or guardian acting on behalf of a person | ||
younger than 17 [ |
||
listed in Subdivision (1); | ||
(4) a parent or guardian acting on behalf of a person | ||
younger than 18 years of age who is the victim of an offense listed | ||
in Subdivision [ |
||
(5) [ |
||
person described by Subdivision (1) or (2). | ||
SECTION 3. Article 7A.02, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds | ||
from the information contained in an application for a protective | ||
order that there is a clear and present danger of sexual assault or | ||
abuse, stalking, trafficking, or other harm to the applicant, the | ||
court, without further notice to the alleged offender and without a | ||
hearing, may enter a temporary ex parte order for the protection of | ||
the applicant or any other member of the applicant's family or | ||
household. | ||
SECTION 4. Article 7A.03, Code of Criminal Procedure, as | ||
amended by Chapters 135 (S.B. 250) and 238 (H.B. 649), Acts of the | ||
82nd Legislature, Regular Session, 2011, is reenacted and amended | ||
to read as follows: | ||
Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE | ||
ORDER. (a) At the close of a hearing on an application for a | ||
protective order under this chapter, the court shall find whether | ||
there are reasonable grounds to believe that the applicant is the | ||
victim of sexual assault or abuse,[ |
||
(b) If the court makes a finding described by Subsection (a) | ||
[ |
||
includes a statement of the required findings. | ||
SECTION 5. Article 7A.07(b), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(b) The following persons may file at any time an | ||
application with the court to rescind the protective order: | ||
(1) a victim of an offense listed in Article | ||
7A.01(a)(1) [ |
||
guardian acting on behalf of a victim who is younger than 17 years | ||
of age; or | ||
(2) a victim of an offense listed in Article | ||
7A.01(a)(2) or a parent or guardian acting on behalf of a victim who | ||
is younger than 18 years of age [ |
||
|
||
SECTION 6. Section 4(d), Article 42.12, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(d) A defendant is not eligible for community supervision | ||
under this section if the defendant: | ||
(1) is sentenced to a term of imprisonment that | ||
exceeds 10 years; | ||
(2) is convicted of a state jail felony for which | ||
suspension of the imposition of the sentence occurs automatically | ||
under Section 15(a); | ||
(3) does not file a sworn motion under Subsection (e) | ||
of this section or for whom the jury does not enter in the verdict a | ||
finding that the information contained in the motion is true; | ||
(4) is convicted of an offense for which punishment is | ||
increased under Section 481.134(c), (d), (e), or (f), Health and | ||
Safety Code, if it is shown that the defendant has been previously | ||
convicted of an offense for which punishment was increased under | ||
any one of those subsections; | ||
(5) is convicted of an offense listed in Section | ||
3g(a)(1)(C), (E), or (H), if the victim of the offense was younger | ||
than 14 years of age at the time the offense was committed; | ||
(6) is convicted of an offense listed in Section | ||
3g(a)(1)(D), if the victim of the offense was younger than 14 years | ||
of age at the time the offense was committed and the actor committed | ||
the offense with the intent to violate or abuse the victim sexually; | ||
(7) is convicted of an offense listed in Section | ||
3g(a)(1)(J), (L), or (M); or | ||
(8) is adjudged guilty of an offense under Section | ||
19.02, Penal Code. | ||
SECTION 7. Chapter 48, Code of Criminal Procedure, is | ||
amended by adding Article 48.06 to read as follows: | ||
Art. 48.06. EDUCATIONAL MATERIALS CONCERNING PARDONS FOR | ||
CERTAIN VICTIMS OF TRAFFICKING OF PERSONS. (a) The Board of | ||
Pardons and Paroles shall develop educational materials | ||
specifically for persons convicted of or placed on deferred | ||
adjudication community supervision for an offense the person | ||
committed solely as a victim of trafficking of persons under | ||
Section 20A.02, Penal Code. The board shall include in the | ||
educational materials a detailed description of the process by | ||
which the person may submit a request to the board for a written | ||
signed recommendation advising the governor to grant the person a | ||
pardon. | ||
(b) The Board of Pardons and Paroles shall post educational | ||
materials described by Subsection (a) on the board's Internet | ||
website. | ||
SECTION 8. Article 56.32(a), Code of Criminal Procedure, is | ||
amended by adding Subdivision (14) to read as follows: | ||
(14) "Trafficking of persons" means any offense that | ||
results in a person engaging in forced labor or services and that | ||
may be prosecuted under Section 20A.02, 20A.03, 43.03, 43.04, | ||
43.05, 43.25, 43.251, or 43.26, Penal Code. | ||
SECTION 9. Article 56.42(d), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(d) A victim who is a victim of family violence, a victim of | ||
trafficking of persons, or a victim of sexual assault who is | ||
assaulted in the victim's place of residence may receive a | ||
onetime-only assistance payment in an amount not to exceed: | ||
(1) $2,000 to be used for relocation expenses, | ||
including expenses for rental deposit, utility connections, | ||
expenses relating to the moving of belongings, motor vehicle | ||
mileage expenses, and for out-of-state moves, transportation, | ||
lodging, and meals; and | ||
(2) $1,800 to be used for housing rental expenses. | ||
SECTION 10. Article 56.81, Code of Criminal Procedure, is | ||
amended by adding Subdivision (7) to read as follows: | ||
(7) "Trafficking of persons" means any offense that | ||
may be prosecuted under Section 20A.02, 20A.03, 43.03, 43.04, | ||
43.05, 43.25, 43.251, or 43.26, Penal Code, and that results in a | ||
person: | ||
(A) engaging in forced labor or services; or | ||
(B) otherwise becoming a victim of the offense. | ||
SECTION 11. Article 56.82(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) The attorney general shall establish an address | ||
confidentiality program, as provided by this subchapter, to assist | ||
a victim of family violence, trafficking of persons, or an offense | ||
under Section 22.011, 22.021, 25.02, or 42.072, Penal Code, in | ||
maintaining a confidential address. | ||
SECTION 12. Articles 56.83(a), (b), and (e), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) To be eligible to participate in the program, an | ||
applicant must: | ||
(1) meet with a victim's assistance counselor from a | ||
state or local agency or other entity, whether for-profit or | ||
nonprofit that is identified by the attorney general as an entity | ||
that provides counseling and shelter services to victims of family | ||
violence, trafficking of persons, or an offense under Section | ||
22.011, 22.021, 25.02, or 42.072, Penal Code; | ||
(2) file an application for participation with the | ||
attorney general or a state or local agency or other entity | ||
identified by the attorney general under Subdivision (1); | ||
(3) designate the attorney general as agent to receive | ||
service of process and mail on behalf of the applicant; and | ||
(4) live at a residential address, or relocate to a | ||
residential address, that is unknown to the person who committed or | ||
is alleged to have committed the family violence, trafficking of | ||
persons, or an offense under Section 22.011, 22.021, 25.02, or | ||
42.072, Penal Code. | ||
(b) An application under Subsection (a)(2) must contain: | ||
(1) a signed, sworn statement by the applicant stating | ||
that the applicant fears for the safety of the applicant, the | ||
applicant's child, or another person in the applicant's household | ||
because of a threat of immediate or future harm caused by the person | ||
who committed or is alleged to have committed the family violence, | ||
the trafficking of persons, or an offense under Section 22.011, | ||
22.021, 25.02, or 42.072, Penal Code; | ||
(2) the applicant's true residential address and, if | ||
applicable, the applicant's business and school addresses; and | ||
(3) a statement by the applicant of whether there is an | ||
existing court order or a pending court case for child support or | ||
child custody or visitation that involves the applicant and, if so, | ||
the name and address of: | ||
(A) the legal counsel of record; and | ||
(B) each parent involved in the court order or | ||
pending case. | ||
(e) The attorney general by rule may establish additional | ||
eligibility requirements for participation in the program that are | ||
consistent with the purpose of the program as stated in Article | ||
56.82(a). The attorney general may establish procedures for | ||
requiring an applicant, in appropriate circumstances, to submit | ||
with the application under Subsection (a)(2) independent | ||
documentary evidence of family violence, trafficking of persons, or | ||
an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal | ||
Code, in the form of: | ||
(1) an active or recently issued protective order; | ||
(2) an incident report or other record maintained by a | ||
law enforcement agency or official; | ||
(3) a statement of a physician or other health care | ||
provider regarding the applicant's medical condition as a result of | ||
the family violence, trafficking of persons, or offense; or | ||
(4) a statement of a mental health professional, a | ||
member of the clergy, an attorney or other legal advocate, a trained | ||
staff member of a family violence center, or another professional | ||
who has assisted the applicant in addressing the effects of the | ||
family violence, trafficking of persons, or offense. | ||
SECTION 13. Section 508.145(d)(1), Government Code, is | ||
amended to read as follows: | ||
(1) An inmate serving a sentence for an offense | ||
described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), | ||
(I), (J), [ |
||
Procedure, [ |
||
affirmative finding under Section 3g(a)(2) of that article, or | ||
[ |
||
for release on parole until the inmate's actual calendar time | ||
served, without consideration of good conduct time, equals one-half | ||
of the sentence or 30 calendar years, whichever is less, but in no | ||
event is the inmate eligible for release on parole in less than two | ||
calendar years. | ||
SECTION 14. The heading to Section 38.112, Penal Code, is | ||
amended to read as follows: | ||
Sec. 38.112. VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS | ||
OF SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING. | ||
SECTION 15. Section 43.02, Penal Code, is amended by | ||
amending Subsections (a), (b), and (c) and adding Subsection (e) to | ||
read as follows: | ||
(a) A person commits an offense if the person [ |
||
knowingly: | ||
(1) offers to engage, agrees to engage, or engages in | ||
sexual conduct for a fee; or | ||
(2) solicits another in a public place to engage with | ||
the person [ |
||
(b) An offense is established under Subsection (a)(1) | ||
whether the actor is to receive or pay a fee. An offense is | ||
established under Subsection (a)(2) whether the actor solicits a | ||
person to hire the actor [ |
||
solicited. | ||
(c) An offense under this section is a Class B misdemeanor, | ||
except that the offense is: | ||
(1) a Class A misdemeanor if the actor has previously | ||
been convicted one or two times of an offense under this section; | ||
(2) a state jail felony if the actor has previously | ||
been convicted three or more times of an offense under this section; | ||
or | ||
(3) [ |
||
|
||
|
||
[ |
||
solicited is younger than 18 [ |
||
whether the actor knows the age of the person solicited at the time | ||
the actor commits the offense. | ||
(e) A conviction may be used for purposes of enhancement | ||
under this section or enhancement under Subchapter D, Chapter 12, | ||
but not under both this section and Subchapter D, Chapter 12. For | ||
purposes of enhancement of penalties under this section or | ||
Subchapter D, Chapter 12, a defendant is previously convicted of an | ||
offense under this section if the defendant was adjudged guilty of | ||
the offense or entered a plea of guilty or nolo contendere in return | ||
for a grant of deferred adjudication, regardless of whether the | ||
sentence for the offense was ever imposed or whether the sentence | ||
was probated and the defendant was subsequently discharged from | ||
community supervision. | ||
SECTION 16. Section 43.03(b), Penal Code, is amended to | ||
read as follows: | ||
(b) An offense under this section is a Class A misdemeanor, | ||
except that the offense is: | ||
(1) a state jail felony if the actor has been | ||
previously convicted of an offense under this section; or | ||
(2) a felony of the second degree if the actor engages | ||
in conduct described by Subsection (a)(1) or (2) involving a person | ||
younger than 18 years of age engaging in prostitution, regardless | ||
of whether the actor knows the age of the person at the time the | ||
actor commits the offense. | ||
SECTION 17. Section 43.04(b), Penal Code, is amended to | ||
read as follows: | ||
(b) An offense under this section is a felony of the third | ||
degree, except that the offense is a felony of the first degree if | ||
the prostitution enterprise uses as a prostitute one or more | ||
persons younger than 18 years of age, regardless of whether the | ||
actor knows the age of the person at the time the actor commits the | ||
offense. | ||
SECTION 18. Section 43.251(c), Penal Code, as amended by | ||
Chapters 515 (H.B. 2014) and 938 (H.B. 290), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is reenacted and amended to | ||
read as follows: | ||
(c) An offense under this section is a felony of the second | ||
degree, except that the offense is a felony of the first degree if | ||
the child is younger than 14 years of age at the time the offense is | ||
committed. | ||
[ |
||
|
||
|
||
[ |
||
|
||
|
||
SECTION 19. Section 43.23(h), Penal Code, is amended to | ||
read as follows: | ||
(h) The punishment for an offense under Subsection (a) or | ||
[ |
||
|
||
the punishment for a [ |
||
is shown on the trial of the offense that obscene material that is | ||
the subject of the offense visually depicts activities described by | ||
Section 43.21(a)(1)(B) engaged in by: | ||
(1) a child younger than 18 years of age at the time | ||
the image of the child was made; | ||
(2) an image that to a reasonable person would be | ||
virtually indistinguishable from the image of a child younger than | ||
18 years of age; or | ||
(3) an image created, adapted, or modified to be the | ||
image of an identifiable child. | ||
SECTION 20. Sections 43.26(a) and (h), Penal Code, are | ||
amended to read as follows: | ||
(a) A person commits an offense if: | ||
(1) the person knowingly or intentionally possesses, | ||
or knowingly or intentionally accesses with intent to view, visual | ||
material that visually depicts a child younger than 18 years of age | ||
at the time the image of the child was made who is engaging in sexual | ||
conduct, including a child who engages in sexual conduct as a victim | ||
of an offense under Section 20A.02(a)(5), (6), (7), or (8); and | ||
(2) the person knows that the material depicts the | ||
child as described by Subdivision (1). | ||
(h) It is a defense to prosecution under Subsection (a) or | ||
(e) that the actor is a law enforcement officer or a school | ||
administrator who: | ||
(1) possessed or accessed the visual material in good | ||
faith solely as a result of an allegation of a violation of Section | ||
43.261; | ||
(2) allowed other law enforcement or school | ||
administrative personnel to possess or access the material only as | ||
appropriate based on the allegation described by Subdivision (1); | ||
and | ||
(3) took reasonable steps to destroy the material | ||
within an appropriate period following the allegation described by | ||
Subdivision (1). | ||
SECTION 21. Section 71.02(a), Penal Code, as amended by | ||
Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd | ||
Legislature, Regular Session, 2011, is reenacted and amended to | ||
read as follows: | ||
(a) A person commits an offense if, with the intent to | ||
establish, maintain, or participate in a combination or in the | ||
profits of a combination or as a member of a criminal street gang, | ||
the person commits or conspires to commit one or more of the | ||
following: | ||
(1) murder, capital murder, arson, aggravated | ||
robbery, robbery, burglary, theft, aggravated kidnapping, | ||
kidnapping, aggravated assault, aggravated sexual assault, sexual | ||
assault, continuous sexual abuse of young child or children, | ||
solicitation of a minor, forgery, deadly conduct, assault | ||
punishable as a Class A misdemeanor, burglary of a motor vehicle, or | ||
unauthorized use of a motor vehicle; | ||
(2) any gambling offense punishable as a Class A | ||
misdemeanor; | ||
(3) promotion of prostitution, aggravated promotion | ||
of prostitution, or compelling prostitution; | ||
(4) unlawful manufacture, transportation, repair, or | ||
sale of firearms or prohibited weapons; | ||
(5) unlawful manufacture, delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug, or | ||
unlawful possession of a controlled substance or dangerous drug | ||
through forgery, fraud, misrepresentation, or deception; | ||
(5-a) causing the unlawful delivery, dispensation, or | ||
distribution of a controlled substance or dangerous drug in | ||
violation of Subtitle B, Title 3, Occupations Code; | ||
(6) any unlawful wholesale promotion or possession of | ||
any obscene material or obscene device with the intent to wholesale | ||
promote the same; | ||
(7) any offense under Subchapter B, Chapter 43, | ||
depicting or involving conduct by or directed toward a child | ||
younger than 18 years of age; | ||
(8) any felony offense under Chapter 32; | ||
(9) any offense under Chapter 36; | ||
(10) any offense under Chapter 34, 35, or 35A; | ||
(11) any offense under Section 37.11(a); | ||
(12) any offense under Chapter 20A; | ||
(13) any offense under Section 37.10; | ||
(14) any offense under Section 38.06, 38.07, 38.09, or | ||
38.11; | ||
(15) any offense under Section 42.10; | ||
(16) any offense under Section 46.06(a)(1) or 46.14; | ||
[ |
||
(17) any offense under Section 20.05; or | ||
(18) [ |
||
the Tax Code. | ||
SECTION 22. Chapter 7B, Code of Criminal Procedure, is | ||
repealed. | ||
SECTION 23. (a) The changes in law made by this Act in | ||
amending Chapter 7A, Code of Criminal Procedure, and repealing | ||
Chapter 7B, Code of Criminal Procedure, apply only to a protective | ||
order issued on or after the effective date of this Act. A | ||
protective order issued before the effective date of this Act is | ||
governed by the law in effect on the date the order is issued, and | ||
the former law is continued in effect for that purpose. | ||
(b) The changes in law made by this Act apply only to an | ||
offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this subsection, an offense was committed before the effective date | ||
of this Act if any element of the offense occurred before that date. | ||
SECTION 24. The Board of Pardons and Paroles not later than | ||
October 1, 2013, shall post on its Internet website the educational | ||
materials described by Article 48.06(a), Code of Criminal | ||
Procedure, as added by this Act. | ||
SECTION 25. The change in law made by this Act to Section | ||
43.26, Penal Code, applies only to an offense committed on or after | ||
the effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense was committed, and the former law is continued in | ||
effect for that purpose. For purposes of this section, an offense | ||
was committed before the effective date of this Act if any element | ||
of the offense occurred before that date. | ||
SECTION 26. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 8 was passed by the House on April 17, | ||
2013, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 8 on May 23, 2013, by the following vote: Yeas 146, Nays 0, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 8 was passed by the Senate, with | ||
amendments, on May 21, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |