HB3653 - Relating to the prosecution and punishment of certain trafficking of persons offenses; increasing criminal penalties; changing parole eligibility.

  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 asid [Text truncated for display. Full text available on Congress.gov.]