84R6773 LEH-D
	By: Hernandez	H.B. No. 887

	A BILL TO BE ENTITLED
	AN ACT
	relating to protections under civil and criminal law for certain
	young victims of trafficking; increasing the penalty for
	trafficking of persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Title 2, Family Code, is amended by adding
	Subtitle D to read as follows:
	SUBTITLE D. SPECIAL DECLARATORY ACTIONS
	CHAPTER 46. SPECIAL IMMIGRANT STATUS FOR CERTAIN VICTIMS OF
	TRAFFICKING OF PERSONS
	Sec. 46.001.  DEFINITION. In this chapter, "young adult"
	means a person who is at least 18 years of age and younger than 21
	years of age.
	Sec. 46.002.  PETITION FOR COURT DECLARATION. A young adult
	who is not a citizen or permanent resident of the United States and
	who has been a victim of conduct prohibited under Chapter 20A, Penal
	Code, may file a suit requesting the court to declare that the young
	adult has been abused, neglected, or abandoned and otherwise meets
	the requirements for special immigrant status as defined by 8
	U.S.C. Section 1101(a)(27)(J). The suit may be filed in a court
	that has family law jurisdiction.
	Sec. 46.003.  COURT ORDER. The court, on presentation of
	proper evidence of a young adult's eligibility under this chapter,
	shall render an order declaring that:
	(1)  the young adult is court-dependent;
	(2)  reunification with one or both of the young adult's
	parents is not viable due to abuse, neglect, or abandonment, as
	defined by state or federal law; and
	(3)  it is not in the young adult's best interest to be
	returned to the young adult's or the parent's previous country of
	origin or country of last habitual residence.
	Sec. 46.004.  EXTENDED JURISDICTION. A court that renders
	an order under this chapter may retain jurisdiction over the young
	adult until the earliest of:
	(1)  the young adult's 21st birthday;
	(2)  the date the young adult is granted lawful
	permanent resident status;
	(3)  the date an appeal of the denial of an application
	for permanent residency based on a petition for special immigrant
	status is denied; or
	(4)  if an appeal described by Subdivision (3) is not
	filed, the day after the last day to file an appeal of the denial of
	an application for permanent residency based on a petition for
	special immigrant status.
	SECTION 2.  Chapter 51, Family Code, is amended by adding
	Section 51.0414 to read as follows:
	Sec. 51.0414.  EXTENDED JURISDICTION. (a)  This section
	applies only to a person otherwise subject to the jurisdiction of
	the court who:
	(1)  is not a citizen or permanent resident of the
	United States; and
	(2)  has been a victim of conduct prohibited under
	Chapter 20A, Penal Code.
	(b)  With respect to issues relating to the person's special
	immigrant status, the court retains jurisdiction over a person to
	whom this section applies if an application seeking special
	immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J) has
	been filed with the appropriate federal authority on behalf of the
	person.
	(c)  The court retains jurisdiction under this section until
	the earliest of:
	(1)  the person's 21st birthday;
	(2)  the date the person is granted lawful permanent
	resident status;
	(3)  the date an appeal of the denial of an application
	for permanent residency based on a petition for special immigrant
	status is denied; or
	(4)  if an appeal described by Subdivision (3) is not
	filed, the day after the last day to file an appeal of the denial of
	an application for permanent residency based on a petition for
	special immigrant status.
	SECTION 3.  Subchapter A, Chapter 155, Family Code, is
	amended by adding Section 155.006 to read as follows:
	Sec. 155.006.  EXTENDED JURISDICTION.  (a)  If an
	application seeking special immigrant status as defined by 8 U.S.C.
	Section 1101(a)(27)(J) has been filed with the appropriate federal
	authority on behalf of a child over whom the court has continuing,
	exclusive jurisdiction, and if the child has been a victim of
	conduct prohibited under Chapter 20A, Penal Code, the court may
	extend the court's jurisdiction over the child after the child's
	18th birthday until the earliest of:
	(1)  the child's 21st birthday;
	(2)  the date the child is granted lawful permanent
	resident status;
	(3)  the date an appeal of the denial of an application
	for permanent residency based on a petition for special immigrant
	status is denied; or
	(4)  if an appeal described by Subdivision (3) is not
	filed, the day after the last day to file an appeal of the denial of
	an application for permanent residency based on a petition for
	special immigrant status.
	(b)  The court's jurisdiction under this section is limited
	to issues relating to the child's special immigrant status.
	SECTION 4.  Subchapter A, Chapter 262, Family Code, is
	amended by adding Section 262.0021 to read as follows:
	Sec. 262.0021.  EXTENDED JURISDICTION.  (a)  If an
	application seeking special immigrant status as defined by 8 U.S.C.
	Section 1101(a)(27)(J) has been filed with the appropriate federal
	authority on behalf of a child over whom the court has jurisdiction
	under this subtitle, and if the child has been a victim of conduct
	prohibited under Chapter 20A, Penal Code, the court may extend the
	court's jurisdiction over the child after the child's 18th birthday
	until the earliest of:
	(1)  the child's 21st birthday;
	(2)  the date the child is granted lawful permanent
	resident status;
	(3)  the date an appeal of the denial of an application
	for permanent residency based on a petition for special immigrant
	status is denied; or
	(4)  if an appeal described by Subdivision (3) is not
	filed, the day after the last day to file an appeal of the denial of
	an application for permanent residency based on a petition for
	special immigrant status.
	(b)  The court's jurisdiction under this section is limited
	to issues relating to the child's special immigrant status.
	SECTION 5.  Section 20A.02, Penal Code, is amended by
	amending Subsection (b) and adding Subsections (b-1) and (b-2) to
	read as follows:
	(b)  An [Except as otherwise provided by this subsection, an]
	offense under Subsection (a)(1), (2), (3), or (4) [this section] is
	a felony of the second degree.  The minimum term of imprisonment
	for that offense is increased to 10 years if the victim of the
	offense is at least 18 years of age and younger than 21 years of age
	at the time the offense is committed.
	(b-1)  Notwithstanding Subsection (b), an offense under
	Subsection (a)(1), (2), (3), or (4) is a felony of the first degree
	if the commission of the offense results in the death of the person
	who is trafficked.
	(b-2)  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) is a felony of the first
	degree, 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].
	SECTION 6.  Section 2(a), Article 38.37, Code of Criminal
	Procedure, is amended to read as follows:
	(a)  Subsection (b) applies only to the trial of a defendant
	for:
	(1)  an offense under any of the following provisions
	of the Penal Code:
	(A)  Section 20A.02(a)(7) or (8), if punishable as
	a felony of the first degree under Section 20A.02(b-2)
	[20A.02(b)(1)] (Sex Trafficking of a Child);
	(B)  Section 21.02 (Continuous Sexual Abuse of
	Young Child or Children);
	(C)  Section 21.11 (Indecency With a Child);
	(D)  Section 22.011(a)(2) (Sexual Assault of a
	Child);
	(E)  Sections 22.021(a)(1)(B) and (2) (Aggravated
	Sexual Assault of a Child);
	(F)  Section 33.021 (Online Solicitation of a
	Minor);
	(G)  Section 43.25 (Sexual Performance by a
	Child); or
	(H)  Section 43.26 (Possession or Promotion of
	Child Pornography)[, Penal Code]; or
	(2)  an attempt or conspiracy to commit an offense
	described by Subdivision (1).
	SECTION 7.  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 8.  This Act takes effect September 1, 2015.