bill making every trafficking offense a first-degree felony

The text as introduced · 1,223 words

89R2963 EAS-D

By: Kerwin
H.B. No. 3231

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment for the offense of

trafficking of persons; increasing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 20A.02(a), Penal Code, is amended to

read as follows:

(a) A person commits an offense if the person knowingly:

(1) traffics another person with the intent that the

trafficked person engage in forced labor or services;

(2) receives a benefit from participating in a venture

that involves an activity described by Subdivision (1), including

by receiving labor or services the person knows are forced labor or

services;

(3) traffics another person and, through force, fraud,

or coercion, causes the trafficked person to engage in conduct

prohibited by:

(A) Section 43.02 (Prostitution);

(B) Section 43.03 (Promotion of Prostitution);

(B-1) Section 43.031 (Online Promotion of

Prostitution);

(C) Section 43.04 (Aggravated Promotion of

Prostitution);

(C-1) Section 43.041 (Aggravated Online

Promotion of Prostitution); or

(D) Section 43.05 (Compelling Prostitution);

(4) receives a benefit from participating in a venture

that involves an activity described by Subdivision (3) or engages

in sexual conduct with a person trafficked in the manner described

in Subdivision (3);

(5) traffics a child or disabled individual with the

intent that the trafficked child or disabled individual engage in

forced labor or services , regardless of whether the person knows

the age of the child or whether the person knows the victim is

disabled ;

(6) receives a benefit from participating in a venture

that involves an activity described by Subdivision (5), including

by receiving labor or services the person knows are forced labor or

services , regardless of whether the person knows the age of the

child or whether the person knows the victim is disabled ;

(7) traffics a child or disabled individual ,

regardless of whether the person knows the age of the child or

whether the person knows the victim is disabled, and by any means

causes the trafficked child or disabled individual to engage in, or

become the victim of, conduct prohibited by:

(A) Section 21.02 (Continuous Sexual Abuse of

Young Child or Disabled Individual);

(B) Section 21.11 (Indecency with a Child);

(C) Section 22.011 (Sexual Assault);

(D) Section 22.021 (Aggravated Sexual Assault);

(E) Section 43.02 (Prostitution);

(E-1) Section 43.021 (Solicitation of

Prostitution);

(F) Section 43.03 (Promotion of Prostitution);

(F-1) Section 43.031 (Online Promotion of

Prostitution);

(G) Section 43.04 (Aggravated Promotion of

Prostitution);

(G-1) Section 43.041 (Aggravated Online

Promotion of Prostitution);

(H) Section 43.05 (Compelling Prostitution);

(I) Section 43.25 (Sexual Performance by a

Child);

(J) Section 43.251 (Employment Harmful to

Children); or

(K) Section 43.26 (Possession or Promotion of

Child Pornography); or

(8) receives a benefit from participating in a venture

that involves an activity described by Subdivision (7) or engages

in sexual conduct with a child or disabled individual trafficked in

the manner described in Subdivision (7) , regardless of whether the

person knows the age of the child or whether the person knows the

victim is disabled .

SECTION 2. Section 20A.02(b), Penal Code, as amended by

Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

(b) Except as otherwise provided by [ this subsection and ]

Subsection (b-1), an offense under this section is a felony of the

[ second degree. An offense under this section is a felony of the ]

first degree [ if:

[ (1) the applicable conduct constitutes an offense

under Subsection (a)(5), (6), (7), or (8), regardless of whether

the actor knows the age of the child or whether the actor knows the

victim is disabled at the time of the offense;

[ (2) the commission of the offense results in serious

bodily injury to or the death of the person who is trafficked; or

[ (3) the commission of the offense results in the

death of an unborn child of the person who is trafficked; or

[ (4) the actor:

[ (A) used or exhibited a deadly weapon during the

commission of the offense;

[ (B) intentionally, knowingly, or recklessly

impeded the normal breathing or circulation of the blood of the

trafficked person by applying pressure to the person's throat or

neck or by blocking the person's nose or mouth ].

SECTION 3. Section 20A.02(b-1), Penal Code, as amended by

Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

(b-1) An offense under this section is a felony of the first

degree punishable by imprisonment in the Texas Department of

Criminal Justice for life or for a term of not more than 99 years or

less than 25 years if it is shown on the trial of the offense that

the actor committed the offense in a location that was:

(1) on the premises of or within 1,000 feet of the

premises of:

(A) a school; [ or ]

(B) an institution of higher education or private

or independent institution of higher education, as defined by

Section 61.003, Education Code; [ or ]

(C) [ (B) ] a juvenile detention facility;

(D) [ (C) ] a post-adjudication secure

correctional facility;

(E) [ (D) ] a shelter or facility operating as a

residential treatment center that serves runaway youth, foster

children, people who are homeless, or persons subjected to human

trafficking, domestic violence, or sexual assault;

(F) [ (E) ] a community center offering youth

services and programs; or

(G) [ (F) ] a child-care facility, as defined by

Section 42.002, Human Resources Code; or

(2) on the premises where or within 1,000 feet of the

premises where:

(A) an official school function was taking place;

or

(B) an event sponsored or sanctioned by the

University Interscholastic League was taking place.

SECTION 4. Section 2(a), Article 38.37, Code of Criminal

Procedure, is amended to read as follows:

(a) Subsection (b) applies only to the trial of a defendant

for:

(1) an offense under any of the following provisions

of the Penal Code:

(A) Section 20A.02(a)(5),(6),(7), or (8)

[ 20A.02, if punishable as a felony of the first degree under Section

20A.02(b)(1) ] (Labor or Sex Trafficking of a Child or Disabled

Individual);

(B) Section 21.02 (Continuous Sexual Abuse of

Young Child or Disabled Individual);

(C) Section 21.11 (Indecency With a Child);

(D) Section 22.011(a)(2) (Sexual Assault of a

Child);

(E) Sections 22.021(a)(1)(B) and (2) (Aggravated

Sexual Assault of a Child);

(F) Section 33.021 (Online Solicitation of a

Minor);

(G) Section 43.25 (Sexual Performance by a

Child); or

(H) Section 43.26 (Possession or Promotion of

Child Pornography), Penal Code; or

(2) an attempt or conspiracy to commit an offense

described by Subdivision (1).

SECTION 5. The change in law made by this Act 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 6. This Act takes effect September 1, 2025.