HB1391 - Relating to the prosecution and punishment of certain trafficking and sexual offenses; increasing criminal penalties; changing parole eligibility.

      By: Hopper H.B. No. 1391       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution and punishment of certain trafficking   and sexual offenses; increasing criminal penalties; changing   parole eligibility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 20A.02(b) and (b-1), Penal Code, as   amended by Chapters 93 (S.B. 1527), 451 (H.B. 3553), and 452 (H.B.   3554), Acts of the 88th Legislature, Regular Session, 2023, are   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   first [ second ] degree.           (b-1)   An offense under this section is a capital 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)  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 [ . ]                 (5)   [ (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:                       (A)  [ (1) ]  on the premises of or within 1,000 feet   of the premises of:                             (i)  [ (A) ]  a school; [ or ]                             (ii)  [ (B) ]  an institution of higher   education or private or independent institution of higher   education, as defined by Section 61.003, Education Code;                             (iii)  [ (B) ]  a juvenile detention facility;                             (iv)  [ (C) ]  a post-adjudication secure   correctional facility;                             (v)  [(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;                      [ (E) ] a community center offering youth services   and programs; or                             (vi)  [ (F) ]  a child-care facility, as   defined by Section 42.002, Human Resources Code; or                       (B)  [ (2) ]  on the premises where or within 1,000   feet of the premises where:                             (i)  [ (A) ]  an official school function was   taking place; or                             (ii)  [ (B) ]  an event sponsored or sanctioned   by the University Interscholastic League was taking place.          SECTION 2.  Section 20A.03(e), Penal Code, is amended to   read as follows:          (e)  An offense under this section is a capital 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 ].          SECTION 3.  Section 21.02(h), Penal Code, is amended to read   as follows:          (h)  An offense under this section is a capital 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 ].          SECTION 4.  Section 43.03(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:                (1)  a felony of the second degree if the actor has been   previously convicted of an offense under this section; [ or ]                (2)  a felony of the first degree if the actor engages   in conduct described by Subsection (a)(1) or (2) involving a person   14 years of age or older but younger than 18 years of age,   regardless of whether the actor knows the age of the person at the   time of the offense ; or                 (3)     a capital felony if the actor engages in conduct   described by Subsection (a)(1) or (2) involving a person younger   than 14 years of age, regardless of whether the actor knows the age   of the person at the time of the offense .          SECTION 5.  Section 43.031(b), Penal Code, is amended to   read as follows:          (b)  An offense under this section is a felony of the second   [ third ] degree, except that the offense is :                 (1)   a felony of the first [ second ] degree if the actor:                       (A)  [ (1) ]  has been previously convicted of an   offense under this section or Section 43.041; or                       (B)  [ (2) ]  engages in conduct described by   Subsection (a) involving a person 14 years of age or older but   younger than 18 years of age engaging in prostitution, regardless   of whether the actor knows the age of the person at the time of the   offense ; or                 (2)     a capital felony if the actor engages in conduct   described by Subsection (a) involving a person younger than 14   years of age, regardless of whether the actor knows the age of the   person at the time of the offense .          SECTION 6.  Section 43.041(b), Penal Code, is amended to   read as follows:          (b)  An offense under this section is a felony of the second   degree, except that the offense :                 (1)   is a felony of the first degree if the actor:                       (A)  [ (1) ]  has been previously convicted of an   offense under this section; or                       (B)  [ (2) ]  engages in conduct described by   Subsection (a) involving two or more persons 14 years of age or   older but younger than 18 years of age engaging in prostitution,   regardless of whether the actor knows the age of the persons at the   time of the offense ; or                 (2)     a capital felony if the actor engages in conduct   described by Subsection (a) involving two or more persons younger   than 14 years of age engaging in prostitution, regardless of   whether the actor knows the age of the persons at the time of the   offense .          SECTION 7.  Section 43.05(b), Penal Code, is amended to read   as follows:          (b)  An offense under this section is a felony of the first   degree , except that an offense under Subsection (a)(2) is a capital   felony if the victim is younger than 14 years of age at the time the   offense is committed, regardless of whether the actor knows the age   of the victim at the time of the offense .          SECTION 8.  Section 43.23(h), Penal Code, is amended to read   as follows:          (h)  The punishment for an offense under Subsection (a) or   (c) is increased to the punishment for a felony of the first     [ second ] degree if it 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 9.  Section 43.25(e), Penal Code, is amended to read   as follows:          (e)  An offense under this section [ Subsection (d) ] is a   felony of the first [ third ] degree, except that the offense is a   capital felony [ of the second degree ] if the victim is younger than   14 years of age at the time the offense is committed, regardless of   whether the actor knows the age of the victim at the time of the   offense.          SECTION 10.  Sections 43.251(c) and (d), Penal Code, as   amended by Chapters 685 (H.B. 29) and 1038 (H.B. 1808), Acts of the   85th Legislature, Regular Session, 2017, are reenacted and amended   to read as follows:          (c)  An offense under this section is a felony of the first   [ second ] degree, except that the offense is a capital felony [ of the   first degree ] if the child is younger than 14 years of age at the   time the offense is committed, regardless of whether the actor   knows the age of the child at the time of the offense.          (d)  Conduct under this section constitutes an offense   regardless of whether the actor knows the age of the child at the   time of the offense.          SECTION 11.  Sections 4(a) and (b), Article 37.07, Code of   Criminal Procedure, are amended to read as follows:          (a)  In the penalty phase of the trial of a felony case in &#xA [Text truncated for display. 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