HB2052 - Relating to increasing the minimum term of imprisonment for the offense of trafficking of persons.

  89R5897 MCF-D     By: Schatzline H.B. No. 2052       A BILL TO BE ENTITLED   AN ACT   relating to increasing the minimum term of imprisonment 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 with a minimum term of imprisonment of 15 years . An   offense under this section is a felony of the first degree with a   minimum term of imprisonment of 15 years 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; 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.  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.