Bill Text: TX SB1257 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the investigation and prosecution of criminal offenses involving the trafficking of persons.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2019-05-26 - Motion withdrawn [SB1257 Detail]

Download: Texas-2019-SB1257-Comm_Sub.html
  86R27378 JRR-F
 
  By: Huffman, et al. S.B. No. 1257
 
  (Leach, Bonnen of Galveston)
 
  Substitute the following for S.B. No. 1257:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the investigation and prosecution of criminal offenses
  involving the trafficking of persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 13.12, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 13.12.  TRAFFICKING OF PERSONS, FALSE IMPRISONMENT,
  KIDNAPPING, AND SMUGGLING OF PERSONS.  (a) Venue for trafficking
  of persons, false imprisonment, kidnapping, and smuggling of
  persons is in:
               (1)  the county in which the offense was committed; or
               (2)  any county through, into, or out of which the
  person trafficked, falsely imprisoned, kidnapped, or transported
  may have been taken.
         (b)  If a defendant commits an offense under Chapter 20A,
  Penal Code, that is part of a criminal episode, as defined by
  Section 3.01, Penal Code, all of the offenses arising out of the
  same criminal episode may be prosecuted in any county that has venue
  over an offense constituting part of that criminal episode.
         SECTION 2.  Chapter 20A, Penal Code, is amended by adding
  Section 20A.05 to read as follows:
         Sec. 20A.05.  FORWARDING OF CASE INFORMATION ON COMPLETION
  OF INVESTIGATION BY CERTAIN STATE AGENCIES. On completion of an
  investigation of an offense under this chapter that is conducted by
  a state agency other than the office of the attorney general, the
  state agency shall forward copies of each offense report prepared
  in the investigation and all other case information to:
               (1)  the appropriate local county or district attorney;
  and 
               (2)  the attorney general.
         SECTION 3.  Title 5, Penal Code, is amended by adding Chapter
  20B to read as follows:
  CHAPTER 20B. CONCURRENT JURISDICTION IN CASES INVOLVING
  TRAFFICKING OF PERSONS
         Sec. 20B.01.  DEFINITION. In this chapter, "criminal
  episode" has the meaning assigned by Section 3.01.
         Sec. 20B.02.  PROSECUTION BY ATTORNEY GENERAL IN
  MULTIJURISDICTIONAL CASES AUTHORIZED. (a) The attorney general
  may prosecute an offense under Chapter 20A if the offense or any
  element of the offense:
               (1)  occurs in more than one county in this state; or
               (2)  occurs in a county in this state as well as in
  another state or country.
         (b)  The attorney general may prosecute any other offense
  that occurs in this state and arises out of the same criminal
  episode as an offense described by Subsection (a).
         (c)  The attorney general may appear before a grand jury in
  connection with an offense the attorney general is authorized to
  prosecute under this section.
         (d)  The authority to prosecute prescribed by this section
  does not affect the authority derived from other law to prosecute
  the same offenses.
         Sec. 20B.03.  SINGLE JURISDICTIONAL CASE: CONCURRENT
  JURISDICTION FOLLOWING LOCAL PROSECUTOR'S RIGHT OF FIRST REFUSAL.
  (a)  This section does not apply to an offense described by Section
  20B.02(a).
         (b)  Not later than the 30th day after the date a local county
  or district attorney becomes aware of conduct that may constitute
  an offense under Chapter 20A, the local county or district attorney
  shall notify the attorney general in writing of the conduct. The
  notice provided under this subsection must describe the conduct
  that may constitute an offense under Chapter 20A and must describe
  or otherwise identify each person suspected at that time of having
  engaged in the conduct.
         (c)  If a local county or district attorney described by
  Subsection (b) determines that the attorney will not pursue a
  criminal investigation of the applicable conduct or will not
  prosecute a criminal charge in relation to that conduct, the local
  county or district attorney shall notify the attorney general of
  that determination not later than the 30th day after the date of the
  determination. On receipt of notice under this subsection, the
  attorney general may begin a criminal investigation of the
  applicable conduct and may prosecute:
               (1)  any offense under Chapter 20A relating to the
  attorney general's investigation of that conduct; and
               (2)  any other offense arising out of the same criminal
  episode.
         Sec. 20B.04.  EXPIRATION.  This chapter expires September 1,
  2031.
         SECTION 4.  The changes in law made by this Act apply only to
  the investigation and prosecution of an offense committed on or
  after the effective date of this Act. The investigation and
  prosecution of 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 5.  This Act takes effect September 1, 2019.
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