bill raising human trafficking penalties

The text as introduced · 2,444 words

89R15121 CJD-D

By: LaHood
H.B. No. 3653

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of certain trafficking

of persons offenses; increasing criminal penalties; changing

parole eligibility.

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

SECTION 1. 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

Subsections [ Subsection ] (b-1) and (b-2) , 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 :

(A) Subsection (a)(5) or [ , ] (6) involving the

trafficking of a child , [ (7), or (8), ] regardless of whether the

actor knows the age of the child ; or

(B) Subsection (a)(5), (6), (7), or (8) involving

the trafficking of a disabled individual, regardless of 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; or

(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 2. 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;

(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 3. Section 20A.02, Penal Code, is amended by adding

Subsection (b-2) to read as follows:

(b-2) An offense under Subsection (a)(7) or (8) involving

the trafficking of a child is a capital felony.

SECTION 4. Section 20A.03, Penal Code, is amended by

amending Subsection (e) and adding Subsection (f) to read as

follows:

(e) Except as provided by Subsection (f), an [ 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 any term of not more than 99 years or less than 25 years.

(f) An offense under this section is a capital felony if the

offense is based partly or wholly on conduct constituting an

offense under Section 20A.02(a)(7) or (8) involving the trafficking

of a child.

SECTION 5. The heading to Article 37.072, Code of Criminal

Procedure, is amended to read as follows:

Art. 37.072. PROCEDURE IN REPEAT SEX OFFENDER OR CHILD

TRAFFICKING CAPITAL CASE

SECTION 6. Article 37.072, Code of Criminal Procedure, is

amended by adding Section 1-a to read as follows:

Sec. 1-a. If a defendant is found guilty in a capital felony

case punishable under Section 20A.02(b-2) or 20A.03(f), Penal Code,

in which the state does not seek the death penalty, the judge shall

sentence the defendant to life imprisonment or to life imprisonment

without parole as required by Section 12.31, Penal Code.

SECTION 7. Section 2(a)(1), Article 37.072, Code of

Criminal Procedure, is amended to read as follows:

(a)(1) If a defendant is tried for an offense punishable

under Section 12.42(c)(3) , 20A.02(b-2), or 20A.03(f) , Penal Code,

in which the state seeks the death penalty, on a finding that the

defendant is guilty of a capital offense, the court shall conduct a

separate sentencing proceeding to determine whether the defendant

shall be sentenced to death or life imprisonment without parole.

The proceeding shall be conducted in the trial court and, except as

provided by Article 44.29(d) [ of this code ], before the trial jury

as soon as practicable. In the proceeding, evidence may be

presented by the state and the defendant or the defendant's counsel

as to any matter that the court considers relevant to sentence,

including evidence of the defendant's background or character or

the circumstances of the offense that mitigates against the

imposition of the death penalty. This subdivision may not be

construed to authorize the introduction of any evidence secured in

violation of the Constitution of the United States or of the State

of Texas. The state and the defendant or the defendant's counsel

shall be permitted to present argument for or against sentence of

death. The introduction of evidence of extraneous conduct is

governed by the notice requirements of Section 3(g), Article 37.07.

The court, the attorney representing the state, the defendant, or

the defendant's counsel may not inform a juror or a prospective

juror of the effect of a failure of a jury to agree on issues

submitted under Subsection (b) or (e).

SECTION 8. Section 2(b), Article 37.072, Code of Criminal

Procedure, is amended to read as follows:

(b) On conclusion of the presentation of the evidence, the

court shall submit the following issues to the jury:

(1) whether there is a probability that the defendant

would commit criminal acts of violence that would constitute a

continuing threat to society; and

(2) in cases in which the jury charge at the guilt or

innocence stage permitted the jury to find the defendant guilty as a

party under Sections 7.01 and 7.02, Penal Code :

(A) if the defendant is convicted of an offense

punishable under Section 12.42(c)(3), Penal Code , whether the

defendant actually engaged in the conduct prohibited by Section

22.021, Penal Code, or did not actually engage in the conduct

prohibited by Section 22.021, Penal Code, but intended that the

offense be committed against the victim or another intended victim ;

or

(B) if the defendant is convicted of an offense

punishable under Section 20A.02(b-2) or 20A.03(f), Penal Code,

whether the defendant actually engaged in conduct prohibited by

Section 20A.02(a)(7) or (8), Penal Code, involving the trafficking

of a child or did not actually engage in conduct prohibited by

Section 20A.02(a)(7) or (8), Penal Code, involving the trafficking

of a child but intended that the offense be committed against the

victim or another intended victim who is a child .

SECTION 9. Article 42.01991(a), Code of Criminal Procedure,

is amended to read as follows:

(a) This article applies only in the trial of an offense

under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, other

than an offense punishable under Subsection (b-2) of that section,

in which:

(1) the defendant enters a plea of guilty; and

(2) the attorney representing the state, the attorney

representing the defendant, and the defendant agree in writing that

the defendant will become eligible for release on parole as

described by Section 508.145(c-1)(2), Government Code.

SECTION 10. Articles 44.29(b) and (d), Code of Criminal

Procedure, are amended to read as follows:

(b) If the court of appeals or the Court of Criminal Appeals

awards a new trial to a defendant other than a defendant convicted

of an offense under Section 19.03, Penal Code, or punishable as a

capital felony under Section 20A.02(b-2) or 20A.03(f), Penal Code,

only on the basis of an error or errors made in the punishment stage

of the trial, the cause shall stand as it would have stood in case

the new trial had been granted by the court below, except that the

court shall commence the new trial as if a finding of guilt had been

returned and proceed to the punishment stage of the trial under

Subsection (b), Section 2, Article 37.07 [ , of this code ]. If the

defendant elects, the court shall empanel a jury for the sentencing

stage of the trial in the same manner as a jury is empaneled by the

court for other trials before the court. At the new trial, the

court shall allow both the state and the defendant to introduce

evidence to show the circumstances of the offense and other

evidence as permitted by Section 3 of Article 37.07 [ of this code ].

(d) If any court sets aside or invalidates the sentence of a

defendant convicted of an offense punishable as a capital felony

under Section 12.42(c)(3) , 20A.02(b-2), or 20A.03(f) , Penal Code,

and sentenced to death on the basis of any error affecting

punishment only, the court shall not set the conviction aside but

rather shall commence a new punishment hearing under Article

37.072, as if a finding of guilt had been returned. The court shall

empanel a jury for the sentencing stage of the trial in the same

manner as a jury is to be empaneled by the court in other trials

before the court for the offense of which the defendant was

convicted. At the new punishment hearing, the court shall permit

both the state and the defendant to introduce evidence as permitted

by Article 37.072.

SECTION 11. Section 508.145(a), Government Code, is amended

to read as follows:

(a) An inmate is not eligible for release on parole if the

inmate is under sentence of death, serving a sentence of life

imprisonment without parole, or serving a sentence for any of the

following offenses under the Penal Code:

(1) Section 20A.03, if the offense is based partly or

wholly on conduct constituting an offense under :

(A) Section 20A.02(a)(5) or (6) involving the

trafficking of a child; or

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

involving the trafficking of a disabled individual ;

(2) Section 21.02;

(3) Section 22.021, if the offense is punishable under

Subsection (f) of that section; or

(4) Section 51.03 or 51.04.

SECTION 12. Section 508.145(d)(1), Government Code, is

amended to read as follows:

(d)(1) This subsection applies only to an inmate who is

serving a sentence for:

(A) an offense described by Article 42A.054(a),

Code of Criminal Procedure, other than an offense punishable as a

capital felony [ under Section 19.03, Penal Code, ] or an offense

under Chapter 20A, Penal Code, that is described by Subsection

(a)(1) or (c-1)(1);

(B) an offense for which the judgment contains an

affirmative finding under Article 42A.054(c) or (d), Code of

Criminal Procedure; or

(C) an offense under Section 71.02 or 71.023,

Penal Code.

SECTION 13. Sections 12.42(c)(2) and (4), Penal Code, are

amended to read as follows:

(2) Notwithstanding Subdivision (1), a defendant

shall be punished by imprisonment in the Texas Department of

Criminal Justice for life if:

(A) the defendant is convicted of an offense:

(i) under Section 20A.02(a)(7) or (8),

Penal Code, involving the trafficking of a disabled individual;

(ii) under Section 21.11(a)(1), 22.021, or

22.011, Penal Code;

(iii) [ (ii) ] under Section 20.04(a)(4),

Penal Code, if the defendant committed the offense with the intent

to violate or abuse the victim sexually; or

(iv) [ (iii) ] under Section 30.02, Penal

Code, punishable under Subsection (d) of that section, if the

defendant committed the offense with the intent to commit a felony

described by Subparagraph (i) , [ or ] (ii) , or (iii) or a felony under

Section 21.11, Penal Code; and

(B) the defendant has been previously convicted

of an offense:

(i) under Section 43.25 or 43.26, Penal

Code, or an offense under Section 43.23, Penal Code, punishable

under Subsection (h) of that section;

(ii) under Section 20A.02(a)(7) or (8),

21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code;

(iii) under Section 20.04(a)(4), Penal

Code, if the defendant committed the offense with the intent to

violate or abuse the victim sexually;

(iv) under Section 30.02, Penal Code,

punishable under Subsection (d) of that section, if the defendant

committed the offense with the intent to commit a felony described

by Subparagraph (ii) or (iii); or

(v) under the laws of another state

containing elements that are substantially similar to the elements

of an offense listed in Subparagraph (i), (ii), (iii), or (iv).

(4) Notwithstanding Subdivision (1) or (2), and except

as provided by Subdivision (3) for the trial of an offense under

Section 22.021 as described by that subdivision, a defendant shall

be punished by imprisonment in the Texas Department of Criminal

Justice for life without parole if it is shown on the trial of an

offense under Section 20A.03 , other than an offense punishable as a

capital felony, or of a sexually violent offense, committed by the

defendant on or after the defendant's 18th birthday, that the

defendant has previously been finally convicted of:

(A) an offense under Section 20A.03 or of a

sexually violent offense; or

(B) an offense that was committed under the laws

of another state and that contains elements that are substantially

similar to the elements of an offense under Section 20A.03 or of a

sexually violent offense.

SECTION 14. 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 section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 15. This Act takes effect September 1, 2025.