trafficking from a correctional facility becomes a first-degree felony

The text as introduced · 669 words

89R2612 MCF-D

By: Parker
S.B. No. 955

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of trafficking of

persons.

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

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; [ or ]

(C) subject to Subsection (b-1), recruited,

enticed, or obtained the trafficked person from a shelter or

facility operating as a residential treatment center that serves

runaway youth, foster children, the homeless, or persons subjected

to human trafficking, domestic violence, or sexual assault; or

(D) subject to Subsection (b-1), recruited,

enticed, or obtained the trafficked person from a correctional

facility while the trafficked person was confined in the facility .

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; [ 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

(H) a correctional facility; 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. 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 4. This Act takes effect September 1, 2025.