83R7653 GCB-D
	By: Van de Putte, et al.	S.B. No. 532

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution and punishment of offenses related to
	trafficking of persons and to certain protections for victims of
	trafficking of persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 7A, Code of Criminal
	Procedure, is amended to read as follows:
	CHAPTER 7A. PROTECTIVE ORDER FOR [CERTAIN] VICTIMS OF [TRAFFICKING
	OR] SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING
	SECTION 2.  Article 7A.01(a), Code of Criminal Procedure, as
	amended by Chapters 1 (S.B. 24) and 135 (S.B. 250), Acts of the 82nd
	Legislature, Regular Session, 2011, is reenacted and amended to
	read as follows:
	(a)  The following persons may file an application for a
	protective order under this chapter without regard to the
	relationship between the applicant and the alleged offender:
	(1)  a person who is the victim of an offense under
	Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code;
	(2)  a person who is the victim of an offense under
	Section 20A.02 [20A.02(a)(3), (4), (7), or (8)] or [Section] 43.05,
	Penal Code;
	(3)  a parent or guardian acting on behalf of a person
	younger than 17 [18] years of age who is the victim of an offense
	listed in Subdivision (1);
	(4)  a parent or guardian acting on behalf of a person
	younger than 18 years of age who is the victim of an offense listed
	in Subdivision [or] (2); or
	(5) [(4)]  a prosecuting attorney acting on behalf of a
	person described by Subdivision (1) or (2).
	SECTION 3.  Article 7A.02, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 7A.02.  TEMPORARY EX PARTE ORDER.  If the court finds
	from the information contained in an application for a protective
	order that there is a clear and present danger of sexual assault or
	abuse, stalking, trafficking, or other harm to the applicant, the
	court, without further notice to the alleged offender and without a
	hearing, may enter a temporary ex parte order for the protection of
	the applicant or any other member of the applicant's family or
	household.
	SECTION 4.  Article 7A.03, Code of Criminal Procedure, as
	amended by Chapters 135 (S.B. 250) and 238 (H.B. 649), Acts of the
	82nd Legislature, Regular Session, 2011, is reenacted and amended
	to read as follows:
	Art. 7A.03.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
	ORDER. (a)  At the close of a hearing on an application for a
	protective order under this chapter, the court shall find whether
	there are reasonable grounds to believe that the applicant is the
	victim of sexual assault or abuse,[; or] stalking, or trafficking.
	(b)  If the court makes a finding described by Subsection (a)
	[(a)(1) or (2)], the court shall issue a protective order that
	includes a statement of the required findings.
	SECTION 5.  Article 7A.07(b), Code of Criminal Procedure, is
	amended to read as follows:
	(b)  The following persons may file at any time an
	application with the court to rescind the protective order:
	(1)  a victim of an offense listed in Article
	7A.01(a)(1) [A victim] who is 17 years of age or older or a parent or
	guardian acting on behalf of a victim who is younger than 17 years
	of age; or
	(2)  a victim of an offense listed in Article
	7A.01(a)(2) or a parent or guardian acting on behalf of a victim who
	is younger than 18 years of age [may file at any time an application
	with the court to rescind the protective order].
	SECTION 6.  Article 12.01, Code of Criminal Procedure, as
	amended by Chapters 1 (S.B. 24), 122 (H.B. 3000), 222 (H.B. 253),
	and 620 (S.B. 688), Acts of the 82nd Legislature, Regular Session,
	2011, is reenacted and amended to read as follows:
	Art. 12.01.  FELONIES.  Except as provided in Article 12.03,
	felony indictments may be presented within these limits, and not
	afterward:
	(1)  no limitation:
	(A)  murder and manslaughter;
	(B)  sexual assault under Section 22.011(a)(2),
	Penal Code, or aggravated sexual assault under Section
	22.021(a)(1)(B), Penal Code;
	(C)  sexual assault, if during the investigation
	of the offense biological matter is collected and subjected to
	forensic DNA testing and the testing results show that the matter
	does not match the victim or any other person whose identity is
	readily ascertained;
	(D)  continuous sexual abuse of young child or
	children under Section 21.02, Penal Code;
	(E)  indecency with a child under Section 21.11,
	Penal Code;
	(F)  an offense involving leaving the scene of an
	accident under Section 550.021, Transportation Code, if the
	accident resulted in the death of a person; [or]
	(G)  trafficking of persons under Section
	20A.02(a)(7) or (8), Penal Code;
	(H) [(G)]  continuous trafficking of persons
	under Section 20A.03, Penal Code; or
	(I)  compelling prostitution under Section
	43.05(a)(2), Penal Code;
	(2)  ten years from the date of the commission of the
	offense:
	(A)  theft of any estate, real, personal or mixed,
	by an executor, administrator, guardian or trustee, with intent to
	defraud any creditor, heir, legatee, ward, distributee,
	beneficiary or settlor of a trust interested in such estate;
	(B)  theft by a public servant of government
	property over which he exercises control in his official capacity;
	(C)  forgery or the uttering, using or passing of
	forged instruments;
	(D)  injury to an elderly or disabled individual
	punishable as a felony of the first degree under Section 22.04,
	Penal Code;
	(E)  sexual assault, except as provided by
	Subdivision (1);
	(F)  arson;
	(G)  trafficking of persons under Section
	20A.02(a)(1), (2), (3), or (4), Penal Code; or
	(H)  compelling prostitution under Section
	43.05(a)(1), Penal Code;
	(3)  seven years from the date of the commission of the
	offense:
	(A)  misapplication of fiduciary property or
	property of a financial institution;
	(B)  securing execution of document by deception;
	(C)  a felony violation under Chapter 162, Tax
	Code;
	(D)  false statement to obtain property or credit
	under Section 32.32, Penal Code;
	(E)  money laundering;
	(F)  credit card or debit card abuse under Section
	32.31, Penal Code;
	(G)  fraudulent use or possession of identifying
	information under Section 32.51, Penal Code; [or]
	(H)  Medicaid fraud under Section 35A.02, Penal
	Code; or
	(I) [(H)]  bigamy under Section 25.01, Penal
	Code, except as provided by Subdivision (6);
	(4)  five years from the date of the commission of the
	offense:
	(A)  theft or robbery;
	(B)  except as provided by Subdivision (5),
	kidnapping or burglary;
	(C)  injury to an elderly or disabled individual
	that is not punishable as a felony of the first degree under Section
	22.04, Penal Code;
	(D)  abandoning or endangering a child; or
	(E)  insurance fraud;
	(5)  if the investigation of the offense shows that the
	victim is younger than 17 years of age at the time the offense is
	committed, 20 years from the 18th birthday of the victim of one of
	the following offenses:
	(A)  sexual performance by a child under Section
	43.25, Penal Code;
	(B)  aggravated kidnapping under Section
	20.04(a)(4), Penal Code, if the defendant committed the offense
	with the intent to violate or abuse the victim sexually; or
	(C)  burglary under Section 30.02, Penal Code, if
	the offense is punishable under Subsection (d) of that section and
	the defendant committed the offense with the intent to commit an
	offense described by Subdivision (1)(B) or (D) of this article or
	Paragraph (B) of this subdivision;
	(6)  ten years from the 18th birthday of the victim of
	the offense:
	(A)  trafficking of persons under Section
	20A.02(a)(5) or (6), Penal Code;
	(B)  injury to a child under Section 22.04, Penal
	Code; or
	(C)  [compelling prostitution under Section
	43.05(a)(2), Penal Code; or
	[(B)]  bigamy under Section 25.01, Penal Code, if
	the investigation of the offense shows that the person, other than
	the legal spouse of the defendant, whom the defendant marries or
	purports to marry or with whom the defendant lives under the
	appearance of being married is younger than 18 years of age at the
	time the offense is committed; or
	(7)  three years from the date of the commission of the
	offense:  all other felonies.
	SECTION 7.  Section 4(d), Article 42.12, Code of Criminal
	Procedure, is amended to read as follows:
	(d)  A defendant is not eligible for community supervision
	under this section if the defendant:
	(1)  is sentenced to a term of imprisonment that
	exceeds 10 years;
	(2)  is convicted of a state jail felony for which
	suspension of the imposition of the sentence occurs automatically
	under Section 15(a);
	(3)  does not file a sworn motion under Subsection (e)
	of this section or for whom the jury does not enter in the verdict a
	finding that the information contained in the motion is true;
	(4)  is convicted of an offense for which punishment is
	increased under Section 481.134(c), (d), (e), or (f), Health and
	Safety Code, if it is shown that the defendant has been previously
	convicted of an offense for which punishment was increased under
	any one of those subsections;
	(5)  is convicted of an offense listed in Section
	3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
	than 14 years of age at the time the offense was committed;
	(6)  is convicted of an offense listed in Section
	3g(a)(1)(D), if the victim of the offense was younger than 14 years
	of age at the time the offense was committed and the actor committed
	the offense with the intent to violate or abuse the victim sexually;
	(7)  is convicted of an offense listed in Section
	3g(a)(1)(J), (L), or (M); or
	(8)  is adjudged guilty of an offense under Section
	19.02, Penal Code.
	SECTION 8.  Article 56.32(a), Code of Criminal Procedure, is
	amended by adding Subdivision (14) to read as follows:
	(14)  "Trafficking of persons" means any offense that
	results in a person engaging in forced labor or services and that
	may be prosecuted under Section 20A.02, 20A.03, 43.03, 43.04,
	43.05, 43.25, 43.251, or 43.26, Penal Code.
	SECTION 9.  Article 56.42(d), Code of Criminal Procedure, is
	amended to read as follows:
	(d)  A victim who is a victim of family violence, a victim of
	trafficking of persons, or a victim of sexual assault who is
	assaulted in the victim's place of residence may receive a
	onetime-only assistance payment in an amount not to exceed:
	(1)  $2,000 to be used for relocation expenses,
	including expenses for rental deposit, utility connections,
	expenses relating to the moving of belongings, motor vehicle
	mileage expenses, and for out-of-state moves, transportation,
	lodging, and meals; and
	(2)  $1,800 to be used for housing rental expenses.
	SECTION 10.  Article 56.81, Code of Criminal Procedure, is
	amended by adding Subdivision (7) to read as follows:
	(7)  "Trafficking of persons" means any offense that
	results in a person engaging in forced labor or services and that
	may be prosecuted under Section 20A.02, 20A.03, 43.03, 43.04,
	43.05, 43.25, 43.251, or 43.26, Penal Code.
	SECTION 11.  Article 56.82(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  The attorney general shall establish an address
	confidentiality program, as provided by this subchapter, to assist
	a victim of family violence, trafficking of persons, or an offense
	under Section 22.011, 22.021, 25.02, or 42.072, Penal Code, in
	maintaining a confidential address.
	SECTION 12.  Articles 56.83(a), (b), and (e), Code of
	Criminal Procedure, are amended to read as follows:
	(a)  To be eligible to participate in the program, an
	applicant must:
	(1)  meet with a victim's assistance counselor from a
	state or local agency or other entity, whether for-profit or
	nonprofit that is identified by the attorney general as an entity
	that provides counseling and shelter services to victims of family
	violence, trafficking of persons, or an offense under Section
	22.011, 22.021, 25.02, or 42.072, Penal Code;
	(2)  file an application for participation with the
	attorney general or a state or local agency or other entity
	identified by the attorney general under Subdivision (1);
	(3)  designate the attorney general as agent to receive
	service of process and mail on behalf of the applicant; and
	(4)  live at a residential address, or relocate to a
	residential address, that is unknown to the person who committed or
	is alleged to have committed the family violence, trafficking of
	persons, or an offense under Section 22.011, 22.021, 25.02, or
	42.072, Penal Code.
	(b)  An application under Subsection (a)(2) must contain:
	(1)  a signed, sworn statement by the applicant stating
	that the applicant fears for the safety of the applicant, the
	applicant's child, or another person in the applicant's household
	because of a threat of immediate or future harm caused by the person
	who committed or is alleged to have committed the family violence,
	the trafficking of persons, or an offense under Section 22.011,
	22.021, 25.02, or 42.072, Penal Code;
	(2)  the applicant's true residential address and, if
	applicable, the applicant's business and school addresses; and
	(3)  a statement by the applicant of whether there is an
	existing court order or a pending court case for child support or
	child custody or visitation that involves the applicant and, if so,
	the name and address of:
	(A)  the legal counsel of record; and
	(B)  each parent involved in the court order or
	pending case.
	(e)  The attorney general by rule may establish additional
	eligibility requirements for participation in the program that are
	consistent with the purpose of the program as stated in Article
	56.82(a).  The attorney general may establish procedures for
	requiring an applicant, in appropriate circumstances, to submit
	with the application under Subsection (a)(2) independent
	documentary evidence of family violence, trafficking of persons, or
	an offense under Section 22.011, 22.021, 25.02, or 42.072, Penal
	Code, in the form of:
	(1)  an active or recently issued protective order;
	(2)  an incident report or other record maintained by a
	law enforcement agency or official;
	(3)  a statement of a physician or other health care
	provider regarding the applicant's medical condition as a result of
	the family violence, trafficking of persons, or offense; or
	(4)  a statement of a mental health professional, a
	member of the clergy, an attorney or other legal advocate, a trained
	staff member of a family violence center, or another professional
	who has assisted the applicant in addressing the effects of the
	family violence, trafficking of persons, or offense.
	SECTION 13.  Article 62.001(5), Code of Criminal Procedure,
	is amended to read as follows:
	(5)  "Reportable conviction or adjudication" means a
	conviction or adjudication, including an adjudication of
	delinquent conduct or a deferred adjudication, that, regardless of
	the pendency of an appeal, is a conviction for or an adjudication
	for or based on:
	(A)  a violation of Section 21.02 (Continuous
	sexual abuse of young child or children), 21.11 (Indecency with a
	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
	(B)  a violation of Section 43.05 (Compelling
	prostitution), 43.25 (Sexual performance by a child), or 43.26
	(Possession or promotion of child pornography), Penal Code;
	(C)  a violation of Section 20.04(a)(4)
	(Aggravated kidnapping), Penal Code, if the actor committed the
	offense or engaged in the conduct with intent to violate or abuse
	the victim sexually;
	(D)  a violation of Section 30.02 (Burglary),
	Penal Code, if the offense or conduct is punishable under
	Subsection (d) of that section and the actor committed the offense
	or engaged in the conduct with intent to commit a felony listed in
	Paragraph (A) or (C);
	(E)  a violation of Section 20.02 (Unlawful
	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
	Penal Code, if, as applicable:
	(i)  the judgment in the case contains an
	affirmative finding under Article 42.015; or
	(ii)  the order in the hearing or the papers
	in the case contain an affirmative finding that the victim or
	intended victim was younger than 17 years of age;
	(F)  the second violation of Section 21.08
	(Indecent exposure), Penal Code, but not if the second violation
	results in a deferred adjudication;
	(G)  an attempt, conspiracy, or solicitation, as
	defined by Chapter 15, Penal Code, to commit an offense or engage in
	conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
	(H)  a violation of the laws of another state,
	federal law, the laws of a foreign country, or the Uniform Code of
	Military Justice for or based on the violation of an offense
	containing elements that are substantially similar to the elements
	of an offense listed under Paragraph (A), (B), (C), (D), (E), (G),
	(J), or (K), but not if the violation results in a deferred
	adjudication;
	(I)  the second violation of the laws of another
	state, federal law, the laws of a foreign country, or the Uniform
	Code of Military Justice for or based on the violation of an offense
	containing elements that are substantially similar to the elements
	of the offense of indecent exposure, but not if the second violation
	results in a deferred adjudication;
	(J)  a violation of Section 33.021 (Online
	solicitation of a minor), Penal Code; [or]
	(K)  a violation of Section 20A.02(a)(3), (4),
	(7), or (8) (Trafficking of persons), Penal Code;
	(L)  a violation of Section
	43.02(a)(2) (Prostitution), Penal Code, if the offense was
	punishable under Section 43.02(c)(3) or (4) of that code; or
	(M)  a violation of Section
	43.05(a)(2) (Compelling prostitution), Penal Code.
	SECTION 14.  Section 508.145(d)(1), Government Code, is
	amended to read as follows:
	(1)  An inmate serving a sentence for an offense
	described by Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H),
	(I), (J), [or] (K), (L), or (M), Article 42.12, Code of Criminal
	Procedure, [or for] an offense for which the judgment contains an
	affirmative finding under Section 3g(a)(2) of that article, or
	[for] an offense under Section 20A.03, Penal Code, is not eligible
	for release on parole until the inmate's actual calendar time
	served, without consideration of good conduct time, equals one-half
	of the sentence or 30 calendar years, whichever is less, but in no
	event is the inmate eligible for release on parole in less than two
	calendar years.
	SECTION 15.  The heading to Section 38.112, Penal Code, is
	amended to read as follows:
	Sec. 38.112.  VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS
	OF SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING.
	SECTION 16.  Section 43.02(c), Penal Code, is amended to
	read as follows:
	(c)  An offense under this section is a Class B misdemeanor,
	except that the offense is:
	(1)  a Class A misdemeanor if the actor has previously
	been convicted one or two times of an offense under this section;
	(2)  a state jail felony if the actor has previously
	been convicted three or more times of an offense under this section;
	or
	(3)  [a felony of the third degree if the person
	solicited is 14 years of age or older and younger than 18 years of
	age; or
	[(4)]  a felony of the second degree if the person
	solicited is younger than 18 [14] years of age, regardless of
	whether the actor knows the age of the person solicited at the time
	the actor commits the offense.
	SECTION 17.  Section 43.03(b), Penal Code, is amended to
	read as follows:
	(b)  An offense under this section is a Class A misdemeanor,
	except that the offense is a felony of the second degree if the
	actor:
	(1)  solicits a person younger than 18 years of age to
	engage in prostitution with another; or
	(2)  receives money or other property pursuant to an
	agreement to participate in the proceeds of prostitution services
	rendered by a person younger than 18 years of age.
	SECTION 18.  Section 43.04(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 a felony of the first degree if
	the prostitution enterprise uses as a prostitute one or more
	persons younger than 18 years of age.
	SECTION 19.  Section 43.251(c), Penal Code, as amended by
	Chapters 515 (H.B. 2014) and 938 (H.B. 290), Acts of the 82nd
	Legislature, Regular Session, 2011, is reenacted and amended to
	read as follows:
	(c)  An offense under this section is a felony of the second
	degree, except that the offense is a felony of the first degree if
	the child is younger than 14 years of age at the time the offense is
	committed.
	[(1)     a state jail felony if it is shown on the trial of
	the offense that the defendant has been previously convicted one
	time of an offense under this section; and
	[(2)     a felony of the third degree if it is shown on the
	trial of the offense that the defendant has been previously
	convicted two or more times of an offense under this section.]
	SECTION 20.  Section 43.23(h), Penal Code, is amended to
	read as follows:
	(h)  The punishment for an offense under Subsection (a) or
	[is increased to the punishment for a felony of the third degree and
	the punishment for an offense under Subsection] (c) is increased to
	the punishment for a [state jail] felony of the 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 21.  Section 71.02(a), Penal Code, as amended by
	Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd
	Legislature, Regular Session, 2011, is reenacted and amended to
	read as follows:
	(a)  A person commits an offense if, with the intent to
	establish, maintain, or participate in a combination or in the
	profits of a combination or as a member of a criminal street gang,
	the person commits or conspires to commit one or more of the
	following:
	(1)  murder, capital murder, arson, aggravated
	robbery, robbery, burglary, theft, aggravated kidnapping,
	kidnapping, aggravated assault, aggravated sexual assault, sexual
	assault, continuous sexual abuse of young child or children,
	solicitation of a minor, forgery, deadly conduct, assault
	punishable as a Class A misdemeanor, burglary of a motor vehicle, or
	unauthorized use of a motor vehicle;
	(2)  any gambling offense punishable as a Class A
	misdemeanor;
	(3)  promotion of prostitution, aggravated promotion
	of prostitution, or compelling prostitution;
	(4)  unlawful manufacture, transportation, repair, or
	sale of firearms or prohibited weapons;
	(5)  unlawful manufacture, delivery, dispensation, or
	distribution of a controlled substance or dangerous drug, or
	unlawful possession of a controlled substance or dangerous drug
	through forgery, fraud, misrepresentation, or deception;
	(5-a)  causing the unlawful delivery, dispensation, or
	distribution of a controlled substance or dangerous drug in
	violation of Subtitle B, Title 3, Occupations Code;
	(6)  any unlawful wholesale promotion or possession of
	any obscene material or obscene device with the intent to wholesale
	promote the same;
	(7)  any offense under Subchapter B, Chapter 43,
	depicting or involving conduct by or directed toward a child
	younger than 18 years of age;
	(8)  any felony offense under Chapter 32;
	(9)  any offense under Chapter 36;
	(10)  any offense under Chapter 34, 35, or 35A;
	(11)  any offense under Section 37.11(a);
	(12)  any offense under Chapter 20A;
	(13)  any offense under Section 37.10;
	(14)  any offense under Section 38.06, 38.07, 38.09, or
	38.11;
	(15)  any offense under Section 42.10;
	(16)  any offense under Section 46.06(a)(1) or 46.14;
	[or]
	(17)  any offense under Section 20.05; or
	(18) [(17)]  any offense classified as a felony under
	the Tax Code.
	SECTION 22.  Chapter 7B, Code of Criminal Procedure, is
	repealed.
	SECTION 23.  (a) The changes in law made by this Act in
	amending Chapter 7A, Code of Criminal Procedure, and repealing
	Chapter 7B, Code of Criminal Procedure, apply only to a protective
	order issued on or after the effective date of this Act. A
	protective order issued before the effective date of this Act is
	governed by the law in effect on the date the order is issued, and
	the former law is continued in effect for that purpose.
	(b)  The changes in law made by this Act apply 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 subsection, an offense was committed before the effective date
	of this Act if any element of the offense occurred before that date.
	SECTION 24.  This Act takes effect September 1, 2013.