HB4816 - Relating to the punishment for certain criminal conduct involving trafficking of persons, the human trafficking prevention coordinating council and the human trafficking prevention task force; increasing criminal penalties.

      By: Guillen H.B. No. 4816       A BILL TO BE ENTITLED   AN ACT   relating to the punishment for certain criminal conduct involving   trafficking of persons, the human trafficking prevention   coordinating council and the human trafficking prevention task   force; increasing criminal penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 20A.02, Penal Code, is amended to read as   follows:          Sec. 20A.02.  TRAFFICKING OF PERSONS. (a) A person commits   an offense if the person knowingly:                (1)  traffics another person with the intent that the   trafficked person engage in forced labor or services;                (2)  receives a benefit from participating in a venture   that involves an activity described by Subdivision (1), including   by receiving labor or services the person knows are forced labor or   services;                (3)  traffics another person and, through force, fraud,   or coercion, causes the trafficked person to engage in conduct   prohibited by:                      (A)  Section 43.02 (Prostitution);                      (B)  Section 43.03 (Promotion of Prostitution);                      (B-1)  Section 43.031 (Online Promotion of   Prostitution);                      (C)  Section 43.04 (Aggravated Promotion of   Prostitution);                      (C-1)  Section 43.041 (Aggravated Online   Promotion of Prostitution); or                      (D)  Section 43.05 (Compelling Prostitution);                (4)  receives a benefit from participating in a venture   that involves an activity described by Subdivision (3) or engages   in sexual conduct with a person trafficked in the manner described   in Subdivision (3);                (5)  traffics a child or disabled individual with the   intent that the trafficked child or disabled individual engage in   forced labor or services;                (6)  receives a benefit from participating in a venture   that involves an activity described by Subdivision (5), including   by receiving labor or services the person knows are forced labor or   services;                (7)  traffics a child or disabled individual and by any   means causes the trafficked child or disabled individual to engage   in, or become the victim of, conduct prohibited by:                      (A)  Section 21.02 (Continuous Sexual Abuse of   Young Child or Disabled Individual);                      (B)  Section 21.11 (Indecency with a Child);                      (C)  Section 22.011 (Sexual Assault);                      (D)  Section 22.021 (Aggravated Sexual Assault);                      (E)  Section 43.02 (Prostitution);                      (E-1)  Section 43.021 (Solicitation of   Prostitution);                      (F)  Section 43.03 (Promotion of Prostitution);                      (F-1)  Section 43.031 (Online Promotion of   Prostitution);                      (G)  Section 43.04 (Aggravated Promotion of   Prostitution);                      (G-1)  Section 43.041 (Aggravated Online   Promotion of Prostitution);                      (H)  Section 43.05 (Compelling Prostitution);                      (I)  Section 43.25 (Sexual Performance by a   Child);                      (J)  Section 43.251 (Employment Harmful to   Children); or                      (K)  Section 43.26 (Possession or Promotion of   Child Pornography); or                (8)  receives a benefit from participating in a venture   that involves an activity described by Subdivision (7) or engages   in sexual conduct with a child or disabled individual trafficked in   the manner described in Subdivision (7).          (a-1)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B.   1540), Sec. 62(5) and Ch. 905 (H.B. 3521), Sec. 2, eff. September 1,   2021.   Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 93   (S.B. 1527), Sec. 2.02          (b)  Except as otherwise provided by Subsection (b-1), an   offense under this section is a felony of the first 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;                 (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.   Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 452   (H.B. 3554), Sec. 1           (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 at the time of the offense;                 (2)     the commission of the offense results in 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.   Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 451   (H.B. 3553), Sec. 2          (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                (2)  on premises or within 1,000 feet of 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.   Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 452   (H.B. 3554), Sec. 1          (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;                      (B)  a juvenile detention facility;                      (C)  a post-adjudication secure correctional   facility;                      (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                      (F)  a child-care facility, as defined by Section   42.002, Human Resources Code; or                (2)  on premises or within 1,000 feet of 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.          (c)  If conduct constituting an offense under this section   also constitutes an offense under another section of this code, the   actor may be prosecuted under either section or under both   sec [Text truncated for display. 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