|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the trafficking of persons. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 20A.01, Penal Code, is amended to read as |
|
follows: |
|
Sec. 20A.01. DEFINITIONS. In this chapter: |
|
(a) [(1)] "Forced labor or services" means labor or |
|
services, excluding those defined in Subsection (c) and Subsection |
|
(d), [including conduct that constitutes an offense under Section
|
|
43.02,] that are performed or provided by another person and |
|
obtained through an actor's use of force, fraud, or coercion [:
|
|
[(A)
causing or threatening to cause bodily
|
|
injury to the person or another person or otherwise causing the
|
|
person performing or providing labor or services to believe that
|
|
the person or another person will suffer bodily injury;
|
|
[(B)
restraining or threatening to restrain the
|
|
person or another person in a manner described by Section 20.01(1)
|
|
or causing the person performing or providing labor or services to
|
|
believe that the person or another person will be restrained;
|
|
[(C)
knowingly destroying, concealing, removing,
|
|
confiscating, or withholding from the person or another person, or
|
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threatening to destroy, conceal, remove, confiscate, or withhold
|
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from the person or another person, the person's actual or
|
|
purported:
|
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[(i) government records;
|
|
[(ii) identifying information; or
|
|
[(iii) personal property;
|
|
[(D)
threatening the person with abuse of the law
|
|
or the legal process in relation to the person or another person;
|
|
[(E)
threatening to report the person or another
|
|
person to immigration officials or other law enforcement officials
|
|
or otherwise blackmailing or extorting the person or another
|
|
person;
|
|
[(F)
exerting financial control over the person
|
|
or another person by placing the person or another person under the
|
|
actor's control as security for a debt to the extent that:
|
|
[(i)
the value of the services provided by
|
|
the person or another person as reasonably assessed is not applied
|
|
toward the liquidation of the debt;
|
|
[(ii)
the duration of the services provided
|
|
by the person or another person is not limited and the nature of the
|
|
services provided by the person or another person is not defined; or
|
|
[(iii)
the principal amount of the debt
|
|
does not reasonably reflect the value of the items or services for
|
|
which the debt was incurred; or
|
|
[(G)
using any scheme, plan, or pattern intended
|
|
to cause the person to believe that the person or another person
|
|
will be subjected to serious harm or restraint if the person does
|
|
not perform or provide the labor or services]. |
|
(b) [(2)] "Traffic" means to transport, entice, recruit, |
|
harbor, provide, or otherwise obtain another person by any means. |
|
(c) "Sexual services" means conduct that is obtained |
|
through an actor's use of force, fraud, or coercion and which |
|
constitutes an offense under the following sections of the Penal |
|
Code: |
|
(1) Section 43.02 (Prostitution); |
|
(2) Section 43.03 (Promotion of Prostitution); |
|
(3) Section 43.04 (Aggravated Promotion of |
|
Prostitution); or |
|
(4) Section 43.05 (Compelling Prostitution). |
|
(d) "Sexual services of a child" means conduct that |
|
constitutes an offense under the following sections of the Penal |
|
Code regardless of whether the actor knows the age of the child at |
|
the time the actor commits the offense and regardless of whether the |
|
actor uses force, fraud, or coercion in the commission of the |
|
offense: |
|
(1) Section 21.02 (Continuous Sexual Abuse of Young |
|
Child or Children); |
|
(2) Section 21.11 (Indecency with a Child); |
|
(3) Section 22.011 (Sexual Assault); |
|
(4) Section 22.021 (Aggravated Sexual Assault); |
|
(5) Section 43.02 (Prostitution); |
|
(6) Section 43.03 (Promotion of Prostitution); |
|
(7) Section 43.04 (Aggravated Promotion of |
|
Prostitution); |
|
(8) Section 43.05 (Compelling Prostitution); |
|
(9) Section 43.25 (Sexual Performance by a Child); |
|
(10) Section 43.251 (Employment Harmful to Children); |
|
or |
|
(11) Section 43.26 (Possession or Promotion of Child |
|
Pornography) |
|
. |
|
(e) "Child" means a person younger than 18 years of age. |
|
SECTION 2. 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 or |
|
knowledge that the trafficked person [will] engage in forced labor |
|
or services; or |
|
(2) benefits 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. |
|
(b) A person commits an offense if the person knowingly: |
|
(1) traffics another person with the intent that the |
|
trafficked person engage in sexual services; or |
|
(2) benefits from participating in a venture that |
|
involves an activity described by Subdivision (1), including by |
|
receiving services the person knows are sexual services. |
|
(c) A person commits an offense if the person knowingly: |
|
(1) traffics a child with the intent that the |
|
trafficked child engage in forced labor or services; or |
|
(2) benefits 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. |
|
(d) A person commits an offense if the person knowingly: |
|
(1) traffics a child with the intent that the |
|
trafficked child engage in sexual services; or |
|
(2) benefits from participating in a venture that |
|
involves an activity described by Subdivision (1), including by |
|
receiving services the person knows are sexual services of a child. |
|
(e) [(b)] Except as otherwise provided by this subsection, |
|
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 (c) or Subsection (d) [Section 43.05 or 43.25 and
|
|
the person who is trafficked is a child younger than 18 years of age
|
|
at the time of the offense, regardless of whether the actor knows
|
|
the age of the child at the time the actor commits the offense]; or |
|
(2) the commission of the offense results in the death |
|
of the person who is trafficked. |
|
(f) [(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 |
|
sections. |
|
SECTION 3. Section 33.013(b), Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
(b) Notwithstanding Subsection (a), each liable defendant |
|
is, in addition to his liability under Subsection (a), jointly and |
|
severally liable for the damages recoverable by the claimant under |
|
Section 33.012 with respect to a cause of action if: |
|
(1) the percentage of responsibility attributed to the |
|
defendant with respect to a cause of action is greater than 50 |
|
percent; or |
|
(2) the defendant, with the specific intent to do harm |
|
to others, acted in concert with another person to engage in the |
|
conduct described in the following provisions of the Penal Code and |
|
in so doing proximately caused the damages legally recoverable by |
|
the claimant: |
|
(A) Section 19.02 (murder); |
|
(B) Section 19.03 (capital murder); |
|
(C) Section 20.04 (aggravated kidnapping); |
|
(D) Section 22.02 (aggravated assault); |
|
(E) Section 22.011 (sexual assault); |
|
(F) Section 22.021 (aggravated sexual assault); |
|
(G) Section 22.04 (injury to a child, elderly |
|
individual, or disabled individual); |
|
(H) Section 32.21 (forgery); |
|
(I) Section 32.43 (commercial bribery); |
|
(J) Section 32.45 (misapplication of fiduciary |
|
property or property of financial institution); |
|
(K) Section 32.46 (securing execution of |
|
document by deception); |
|
(L) Section 32.47 (fraudulent destruction, |
|
removal, or concealment of writing); |
|
(M) conduct described in Chapter 31 the |
|
punishment level for which is a felony of the third degree or |
|
higher; [or] |
|
(N) Section 21.02 (continuous sexual abuse of |
|
young child or children); |
|
(O) Section 43.05 (compelling prostitution); or |
|
(P) Section 20A.02 (trafficking of persons). |
|
SECTION 4. Section 98.002(a), Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
(a) A defendant who engages in the trafficking of persons, |
|
[or] who intentionally or knowingly receives a benefit [benefits] |
|
from participating in a venture that traffics another person, or |
|
who is criminally responsible under Section 7.02, Penal Code, for |
|
the conduct of another person who engages in the conduct described |
|
by this section is liable to the person trafficked, as provided by |
|
this chapter, for damages arising from the trafficking of that |
|
person by, as applicable, the defendant, the [or] venture, or the |
|
other person for whose conduct the defendant is criminally |
|
responsible. |
|
SECTION 5. Section 98.005, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
Sec. 98.005. JOINT AND SEVERAL LIABILITY. A person who |
|
engages in the trafficking of persons, [or] who intentionally or |
|
knowingly receives a benefit [benefits] from participating in a |
|
venture that traffics another person, or who is criminally |
|
responsible under Section 7.02, Penal Code, for the conduct of |
|
another person who engages in the conduct described by this section |
|
and who is found liable under this chapter or other law for any |
|
amount of damages arising from the trafficking is jointly liable |
|
with any other defendant for the entire amount of damages arising |
|
from the trafficking. |
|
SECTION 6. Article 12.01, Code of Criminal Procedure, is |
|
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; [or] |
|
(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; |
|
(G) compelling prostitution under Section |
|
43.05(a)(2); or |
|
(H) trafficking of persons under Section |
|
20A.02(d), 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); [or] |
|
(F) arson; |
|
(G) trafficking of persons under Sections |
|
20A.02(a) and (b), Penal Code; or |
|
(H) compelling prostitution, 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; or |
|
(G) fraudulent use or possession of identifying |
|
information under Section 32.51, Penal Code; |
|
(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) injury to a child under Section 22.04, Penal |
|
Code; |
|
(B) compelling prostitution under Section |
|
43.05(a)(2), Penal Code; or |
|
(C) trafficking of persons under Section |
|
20A.02(c), Penal Code; or |
|
(7) three years from the date of the commission of the |
|
offense: all other felonies. |
|
SECTION 7. Article 17.03(b), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(b) Only the court before whom the case is pending may |
|
release on personal bond a defendant who: |
|
(1) is charged with an offense under the following |
|
sections of the Penal Code: |
|
(A) Section 19.03 (Capital Murder); |
|
(B) Section 20.04 (Aggravated Kidnapping); |
|
(C) Section 22.021 (Aggravated Sexual Assault); |
|
(D) Section 43.05(a)(2) (Compelling |
|
Prostitution) [22.03 (Deadly Assault on Law Enforcement or
|
|
Corrections Officer, Member or Employee of Board of Pardons and
|
|
Paroles, or Court Participant)]; |
|
(E) Section 22.04 (Injury to a Child, Elderly |
|
Individual, or Disabled Individual); |
|
(F) Section 29.03 (Aggravated Robbery); |
|
(G) Section 30.02 (Burglary); |
|
(H) Section 71.02 (Engaging in Organized |
|
Criminal Activity); [or] |
|
(I) Section 21.02 (Continuous Sexual Abuse of |
|
Young Child or Children); or |
|
(J) Section 20A.02(d) (Trafficking of Persons); |
|
(2) is charged with a felony under Chapter 481, Health |
|
and Safety Code, or Section 485.033, Health and Safety Code, |
|
punishable by imprisonment for a minimum term or by a maximum fine |
|
that is more than a minimum term or maximum fine for a first degree |
|
felony; or |
|
(3) does not submit to testing for the presence of a |
|
controlled substance in the defendant's body as requested by the |
|
court or magistrate under Subsection (c) of this article or submits |
|
to testing and the test shows evidence of the presence of a |
|
controlled substance in the defendant's body. |
|
SECTION 8. Article 18.021(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) A search warrant may be issued to search for and |
|
photograph a child who is alleged to be the victim of any of the |
|
following offenses under the Penal Code: |
|
(1) [of] injury to a child as prohibited by Section |
|
22.04; |
|
(2) [, Penal Code;] sexual assault of a child as |
|
prohibited by Section 22.011(a); |
|
(3) [, Penal Code;] aggravated sexual assault of a |
|
child as prohibited by Section 22.021; |
|
(4) [, Penal Code; or] continuous sexual abuse of |
|
young child or children as prohibited by Section 21.02; |
|
(5) compelling prostitution as prohibited by Section |
|
43.05(a)(2); or |
|
(6) trafficking of persons as prohibited by Section |
|
20A.02(d), Penal Code. |
|
SECTION 9. Section 33.009, Family Code, is amended to read |
|
as follows: |
|
Sec. 33.009. OTHER REPORTS OF SEXUAL ABUSE OF A MINOR. (a) |
|
This section applies only to conduct that violates one or more of |
|
the following sections of the Penal Code: |
|
(1) Section 20A.02(d), Penal Code; |
|
(2) Section 21.02; |
|
(3) Section 22.011; |
|
(4) Section 22.021; or |
|
(5) Section 25.02. |
|
(b) If a [A] court or the guardian ad litem or attorney ad |
|
litem for the minor [shall report conduct] reasonably believes |
|
[believed to violate Section 21.02, 22.011, 22.021, or 25.02, Penal
|
|
Code], based on information obtained during a confidential court |
|
proceeding held under this chapter, that a person has engaged in |
|
conduct described by Subsection (a), the court or the guardian ad |
|
litem or attorney ad litem shall report the conduct to: |
|
(1) any local or state law enforcement agency; |
|
(2) the Department of Family and Protective Services, |
|
if the alleged conduct involves a person responsible for the care, |
|
custody, or welfare of the child; |
|
(3) the state agency that operates, licenses, |
|
certifies, or registers the facility in which the alleged conduct |
|
occurred, if the alleged conduct occurred in a facility operated, |
|
licensed, certified, or registered by a state agency; or |
|
(4) an appropriate agency designated by the court. |
|
SECTION 10. Section 33.010, Family Code, is amended to read |
|
as follows: |
|
Sec. 33.010. CONFIDENTIALITY. Notwithstanding any other |
|
law, information obtained by the Department of Family and |
|
Protective Services or another entity under Section 33.008 or |
|
33.009 is confidential except to the extent necessary to prove a |
|
violation of Section 21.02, 22.011, 22.021, or 25.02, Penal Code, |
|
or a violation of Section 20A.02(d), Penal Code. |
|
SECTION 11. Section 161.001, Family Code, is amended to |
|
read as follows: |
|
Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD |
|
RELATIONSHIP. The court may order termination of the parent-child |
|
relationship if the court finds by clear and convincing evidence: |
|
(1) that the parent has: |
|
(A) voluntarily left the child alone or in the |
|
possession of another not the parent and expressed an intent not to |
|
return; |
|
(B) voluntarily left the child alone or in the |
|
possession of another not the parent without expressing an intent |
|
to return, without providing for the adequate support of the child, |
|
and remained away for a period of at least three months; |
|
(C) voluntarily left the child alone or in the |
|
possession of another without providing adequate support of the |
|
child and remained away for a period of at least six months; |
|
(D) knowingly placed or knowingly allowed the |
|
child to remain in conditions or surroundings which endanger the |
|
physical or emotional well-being of the child; |
|
(E) engaged in conduct or knowingly placed the |
|
child with persons who engaged in conduct which endangers the |
|
physical or emotional well-being of the child; |
|
(F) failed to support the child in accordance |
|
with the parent's ability during a period of one year ending within |
|
six months of the date of the filing of the petition; |
|
(G) abandoned the child without identifying the |
|
child or furnishing means of identification, and the child's |
|
identity cannot be ascertained by the exercise of reasonable |
|
diligence; |
|
(H) voluntarily, and with knowledge of the |
|
pregnancy, abandoned the mother of the child beginning at a time |
|
during her pregnancy with the child and continuing through the |
|
birth, failed to provide adequate support or medical care for the |
|
mother during the period of abandonment before the birth of the |
|
child, and remained apart from the child or failed to support the |
|
child since the birth; |
|
(I) contumaciously refused to submit to a |
|
reasonable and lawful order of a court under Subchapter D, Chapter |
|
261; |
|
(J) been the major cause of: |
|
(i) the failure of the child to be enrolled |
|
in school as required by the Education Code; or |
|
(ii) the child's absence from the child's |
|
home without the consent of the parents or guardian for a |
|
substantial length of time or without the intent to return; |
|
(K) executed before or after the suit is filed an |
|
unrevoked or irrevocable affidavit of relinquishment of parental |
|
rights as provided by this chapter; |
|
(L) been convicted or has been placed on |
|
community supervision, including deferred adjudication community |
|
supervision, for being criminally responsible for the death or |
|
serious injury of a child under the following sections of the Penal |
|
Code or adjudicated under Title 3 for conduct that caused the death |
|
or serious injury of a child and that would constitute a violation |
|
of one of the following Penal Code sections: |
|
(i) Section 19.02 (murder); |
|
(ii) Section 19.03 (capital murder); |
|
(iii) Section 19.04 (manslaughter); |
|
(iv) Section 21.11 (indecency with a |
|
child); |
|
(v) Section 22.01 (assault); |
|
(vi) Section 22.011 (sexual assault); |
|
(vii) Section 22.02 (aggravated assault); |
|
(viii) Section 22.021 (aggravated sexual |
|
assault); |
|
(ix) Section 22.04 (injury to a child, |
|
elderly individual, or disabled individual); |
|
(x) Section 22.041 (abandoning or |
|
endangering child); |
|
(xi) Section 25.02 (prohibited sexual |
|
conduct); |
|
(xii) Section 43.25 (sexual performance by |
|
a child); |
|
(xiii) Section 43.26 (possession or |
|
promotion of child pornography); [and] |
|
(xiv) Section 21.02 (continuous sexual |
|
abuse of young child or children); |
|
(xv) Section 43.05(a)(2) (compelling |
|
prostitution); |
|
(xvi) Section 43.02 (prostitution); and |
|
(xvii) Section 20A.02(d) (trafficking of |
|
persons); |
|
(M) had his or her parent-child relationship |
|
terminated with respect to another child based on a finding that the |
|
parent's conduct was in violation of Paragraph (D) or (E) or |
|
substantially equivalent provisions of the law of another state; |
|
(N) constructively abandoned the child who has |
|
been in the permanent or temporary managing conservatorship of the |
|
Department of Family and Protective Services or an authorized |
|
agency for not less than six months, and: |
|
(i) the department or authorized agency has |
|
made reasonable efforts to return the child to the parent; |
|
(ii) the parent has not regularly visited |
|
or maintained significant contact with the child; and |
|
(iii) the parent has demonstrated an |
|
inability to provide the child with a safe environment; |
|
(O) failed to comply with the provisions of a |
|
court order that specifically established the actions necessary for |
|
the parent to obtain the return of the child who has been in the |
|
permanent or temporary managing conservatorship of the Department |
|
of Family and Protective Services for not less than nine months as a |
|
result of the child's removal from the parent under Chapter 262 for |
|
the abuse or neglect of the child; |
|
(P) used a controlled substance, as defined by |
|
Chapter 481, Health and Safety Code, in a manner that endangered the |
|
health or safety of the child, and: |
|
(i) failed to complete a court-ordered |
|
substance abuse treatment program; or |
|
(ii) after completion of a court-ordered |
|
substance abuse treatment program, continued to abuse a controlled |
|
substance; |
|
(Q) knowingly engaged in criminal conduct that |
|
has resulted in the parent's: |
|
(i) conviction of an offense; and |
|
(ii) confinement or imprisonment and |
|
inability to care for the child for not less than two years from the |
|
date of filing the petition; |
|
(R) been the cause of the child being born |
|
addicted to alcohol or a controlled substance, other than a |
|
controlled substance legally obtained by prescription, as defined |
|
by Section 261.001; |
|
(S) voluntarily delivered the child to a |
|
designated emergency infant care provider under Section 262.302 |
|
without expressing an intent to return for the child; or |
|
(T) been convicted of: |
|
(i) the murder of the other parent of the |
|
child under Section 19.02 or 19.03, Penal Code, or under a law of |
|
another state, federal law, the law of a foreign country, or the |
|
Uniform Code of Military Justice that contains elements that are |
|
substantially similar to the elements of an offense under Section |
|
19.02 or 19.03, Penal Code; |
|
(ii) criminal attempt under Section 15.01, |
|
Penal Code, or under a law of another state, federal law, the law of |
|
a foreign country, or the Uniform Code of Military Justice that |
|
contains elements that are substantially similar to the elements of |
|
an offense under Section 15.01, Penal Code, to commit the offense |
|
described by Subparagraph (i); or |
|
(iii) criminal solicitation under Section |
|
15.03, Penal Code, or under a law of another state, federal law, the |
|
law of a foreign country, or the Uniform Code of Military Justice |
|
that contains elements that are substantially similar to the |
|
elements of an offense under Section 15.03, Penal Code, of the |
|
offense described by Subparagraph (i); and |
|
(2) that termination is in the best interest of the |
|
child. |
|
SECTION 12. Section 262.2015(b), Family Code, is amended to |
|
read as follows: |
|
(b) The court may find under Subsection (a) that a parent |
|
has subjected the child to aggravated circumstances if: |
|
(1) the parent abandoned the child without |
|
identification or a means for identifying the child; |
|
(2) the child is a victim of serious bodily injury or |
|
sexual abuse inflicted by the parent or by another person with the |
|
parent's consent; |
|
(3) the parent has engaged in conduct against the |
|
child that would constitute an offense under the following |
|
provisions of the Penal Code: |
|
(A) Section 19.02 (murder); |
|
(B) Section 19.03 (capital murder); |
|
(C) Section 19.04 (manslaughter); |
|
(D) Section 21.11 (indecency with a child); |
|
(E) Section 22.011 (sexual assault); |
|
(F) Section 22.02 (aggravated assault); |
|
(G) Section 22.021 (aggravated sexual assault); |
|
(H) Section 22.04 (injury to a child, elderly |
|
individual, or disabled individual); |
|
(I) Section 22.041 (abandoning or endangering |
|
child); |
|
(J) Section 25.02 (prohibited sexual conduct); |
|
(K) Section 43.25 (sexual performance by a |
|
child); |
|
(L) Section 43.26 (possession or promotion of |
|
child pornography); [or] |
|
(M) Section 21.02 (continuous sexual abuse of |
|
young child or children); |
|
(N) Section 43.02 (prostitution); |
|
(O) Section 43.05(a)(2) (compelling |
|
prostitution); or |
|
(P) Section 20A.02(d) (trafficking of persons); |
|
(4) the parent voluntarily left the child alone or in |
|
the possession of another person not the parent of the child for at |
|
least six months without expressing an intent to return and without |
|
providing adequate support for the child; |
|
(5) the parent's parental rights with regard to |
|
another child have been involuntarily terminated based on a finding |
|
that the parent's conduct violated Section 161.001(1)(D) or (E) or |
|
a substantially equivalent provision of another state's law; |
|
(6) the parent has been convicted for: |
|
(A) the murder of another child of the parent and |
|
the offense would have been an offense under 18 U.S.C. Section |
|
1111(a) if the offense had occurred in the special maritime or |
|
territorial jurisdiction of the United States; |
|
(B) the voluntary manslaughter of another child |
|
of the parent and the offense would have been an offense under 18 |
|
U.S.C. Section 1112(a) if the offense had occurred in the special |
|
maritime or territorial jurisdiction of the United States; |
|
(C) aiding or abetting, attempting, conspiring, |
|
or soliciting an offense under Subdivision (A) or (B); or |
|
(D) the felony assault of the child or another |
|
child of the parent that resulted in serious bodily injury to the |
|
child or another child of the parent; or |
|
(7) the parent's parental rights with regard to two |
|
other children have been involuntarily terminated. |
|
SECTION 13. Section 23.101(a), Government Code, is amended |
|
to read as follows: |
|
(a) The trial courts of this state shall regularly and |
|
frequently set hearings and trials of pending matters, giving |
|
preference to hearings and trials of the following: |
|
(1) temporary injunctions; |
|
(2) criminal actions, with the following actions given |
|
preference over other criminal actions: |
|
(A) criminal actions against defendants who are |
|
detained in jail pending trial; |
|
(B) criminal actions involving a charge that a |
|
person committed an act of family violence, as defined by Section |
|
71.004, Family Code; |
|
(C) an offense under: |
|
(i) Section 21.02 or 21.11, Penal Code; |
|
(ii) Chapter 22, Penal Code, if the victim |
|
of the alleged offense is younger than 17 years of age; |
|
(iii) Section 25.02, Penal Code, if the |
|
victim of the alleged offense is younger than 17 years of age; |
|
(iv) Section 25.06, Penal Code; [or] |
|
(v) Section 43.25, Penal Code; |
|
(vi) Section 43.05(a)(2), Penal Code; or |
|
(vii) Section 20A.02(d), Penal Code; and |
|
(D) an offense described by Article 62.001(6)(C) |
|
or (D), Code of Criminal Procedure; |
|
(3) election contests and suits under the Election |
|
Code; |
|
(4) orders for the protection of the family under |
|
Subtitle B, Title 4, Family Code; |
|
(5) appeals of final rulings and decisions of the |
|
division of workers' compensation of the Texas Department of |
|
Insurance regarding workers' compensation claims and claims under |
|
the Federal Employers' Liability Act and the Jones Act; |
|
(6) appeals of final orders of the commissioner of the |
|
General Land Office under Section 51.3021, Natural Resources Code; |
|
(7) actions in which the claimant has been diagnosed |
|
with malignant mesothelioma, other malignant asbestos-related |
|
cancer, malignant silica-related cancer, or acute silicosis; and |
|
(8) appeals brought under Section 42.01 or 42.015, Tax |
|
Code, of orders of appraisal review boards of appraisal districts |
|
established for counties with a population of less than 175,000. |
|
SECTION 14. Section 411.1471(a), Government Code, is |
|
amended to read as follows: |
|
(a) This section applies to a defendant who is: |
|
(1) indicted or waives indictment for a felony |
|
prohibited or punishable under any of the following Penal Code |
|
sections: |
|
(A) Section 20.04(a)(4); |
|
(B) Section 21.11; |
|
(C) Section 22.011; |
|
(D) Section 22.021; |
|
(E) Section 25.02; |
|
(F) Section 30.02(d); |
|
(G) Section 43.05; |
|
(H) Section 43.25; |
|
(I) Section 43.26; [or] |
|
(J) Section 21.02; |
|
(K) Section 43.05(a)(2); or |
|
(L) Section 20A.02(d), Penal Code; |
|
(2) arrested for a felony described by Subdivision (1) |
|
after having been previously convicted of or placed on deferred |
|
adjudication for an offense described by Subdivision (1) or an |
|
offense punishable under Section 30.02(c)(2), Penal Code; or |
|
(3) convicted of an offense under Section 21.07 or |
|
21.08, Penal Code. |
|
SECTION 15. Section 25.026, Tax Code, is amended to read as |
|
follows: |
|
Sec. 25.026. CONFIDENTIALITY OF CERTAIN [VIOLENCE] SHELTER |
|
CENTER AND SEXUAL ASSAULT PROGRAM ADDRESS INFORMATION. (a) In |
|
this section: |
|
(1) "Family violence shelter center" has the meaning |
|
assigned by Section 51.002, Human Resources Code. |
|
(2) "Sexual assault program" has the meaning assigned |
|
by Section 420.003, Government Code. |
|
(3) "Victims of trafficking shelter center" means a |
|
program that: |
|
(A) is operated by a public or private nonprofit |
|
organization; and |
|
(B) provides comprehensive residential and |
|
nonresidential services to victims of trafficking of persons under |
|
Section 20A.02, Penal Code. |
|
(b) Information in appraisal records under Section 25.02 is |
|
confidential and is available only for the official use of the |
|
appraisal district, this state, the comptroller, and taxing units |
|
and political subdivisions of this state if the information |
|
identifies the address of a family violence shelter center, [or] a |
|
sexual assault program, or a victims of trafficking shelter center. |
|
SECTION 16. 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 17. This Act takes effect September 1, 2011. |