Bill Text: TX SB98 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the trafficking of persons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-31 - Referred to Criminal Justice [SB98 Detail]

Download: Texas-2011-SB98-Introduced.html

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82R2184 GCB-D
By: Van de Putte S.B. No. 98

A BILL TO BE ENTITLED
AN ACT
relating to the trafficking of persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PROSECUTION AND PUNISHMENT OF TRAFFICKING OF PERSONS
SECTION 1.01. Section 20A.01, Penal Code, is amended by
amending Subdivision (1) and adding Subdivision (3) to read as
follows:
(1) "Forced labor or services" means labor or
services, including conduct that constitutes an offense under
Section 43.02, 43.03, 43.04, 43.05, or 43.25 [43.02], that are
performed or provided by another person and obtained through an
actor's use of force, threat, 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
threatening to destroy, conceal, remove, confiscate, or withhold
from the person or another person, the person's actual or
purported:
[(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].
(3) "Child" means a person younger than 17 years of
age.
SECTION 1.02. Section 20A.02(b), Penal Code, is amended to
read as follows:
(b) An [Except as otherwise provided by this subsection, an]
offense under this section is a felony of the second degree, except
that the offense[. An offense under this section] is a felony of
the first degree if[:
[(1) the applicable conduct constitutes an offense
under 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.
SECTION 1.03. Chapter 20A, Penal Code, is amended by adding
Sections 20A.03 and 20A.04 to read as follows:
Sec. 20A.03. TRAFFICKING OF CHILD IN FURTHERANCE OF SEXUAL
CONDUCT OR PERFORMANCE. (a) A person commits an offense if the
person:
(1) knowingly traffics a child, regardless of whether
the actor knows that the person who is trafficked is a child at the
time the actor commits the offense, with the intent or knowledge
that the child will engage in conduct that is prohibited by Section
43.02, 43.03, 43.04, 43.05, or 43.25; or
(2) receives a benefit from participating in a venture
that involves an activity described by Subdivision (1).
(b) An offense under this section is a felony of the first
degree.
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code
other than Section 20A.04, the actor may be prosecuted under either
section or under both sections.
Sec. 20A.04. CONTINUOUS TRAFFICKING OF PERSONS. (a) A
person commits an offense if, during a period that is 30 or more
days in duration, the person engages two or more times in conduct
that constitutes an offense under Section 20A.02 or 20A.03.
(b) If a jury is the trier of fact, members of the jury are
not required to agree unanimously on which specific conduct engaged
in by the defendant constituted an offense under Section 20A.02 or
20A.03 or on which exact date the defendant engaged in that conduct.
The jury must agree unanimously that the defendant, during a period
that is 30 or more days in duration, engaged in conduct that
constituted an offense under Section 20A.02 or 20A.03.
(c) If the victim of an offense under Subsection (a) is the
same victim as a victim of an offense under Section 20A.02 or
20A.03, a defendant may not be convicted of the offense under
Section 20A.02 or 20A.03 in the same criminal action as the offense
under Subsection (a), unless the offense under Section 20A.02 or
20A.03:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense
alleged under Subsection (a) was committed; or
(3) is considered by the trier of fact to be a lesser
included offense of the offense alleged under Subsection (a).
(d) A defendant may not be charged with more than one count
under Subsection (a) if all of the conduct that constitutes an
offense under Section 20A.02 or 20A.03 is alleged to have been
committed against the same victim.
(e) 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.
SECTION 1.04. Section 3.03(b), Penal Code, is amended to
read as follows:
(b) If the accused is found guilty of more than one offense
arising out of the same criminal episode, the sentences may run
concurrently or consecutively if each sentence is for a conviction
of:
(1) an offense:
(A) under Section 49.07 or 49.08, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections;
(2) an offense:
(A) under Section 33.021 or an offense under
Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed
against a victim younger than 17 years of age at the time of the
commission of the offense regardless of whether the accused is
convicted of violations of the same section more than once or is
convicted of violations of more than one section; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A) committed against a victim younger than 17
years of age at the time of the commission of the offense regardless
of whether the accused is charged with violations of the same
section more than once or is charged with violations of more than
one section;
(3) an offense:
(A) under Section 21.15 or 43.26, regardless of
whether the accused is convicted of violations of the same section
more than once or is convicted of violations of both sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of both sections; [or]
(4) an offense for which the judgment in the case
contains an affirmative finding under Article 42.0197, Code of
Criminal Procedure; or
(5) an offense:
(A) under Section 20A.02, 20A.03, or 20A.04,
regardless of whether the accused is convicted of violations of the
same section more than once or is convicted of violations of two or
more sections; or
(B) for which a plea agreement was reached in a
case in which the accused was charged with more than one offense
listed in Paragraph (A), regardless of whether the accused is
charged with violations of the same section more than once or is
charged with violations of two or more sections.
SECTION 1.05. Section 16.0045(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A person must bring suit for personal injury not later
than five years after the day the cause of action accrues if the
injury arises as a result of conduct that violates:
(1) Section 22.011, Penal Code (sexual assault);
(2) Section 22.021, Penal Code (aggravated sexual
assault); [or]
(3) Section 21.02, Penal Code (continuous sexual abuse
of young child or children);
(4) Section 20A.02, Penal Code (trafficking of
persons);
(5) Section 20A.03, Penal Code (trafficking of child
in furtherance of sexual conduct or performance); or
(6) Section 20A.04, Penal Code (continuous
trafficking of persons).
SECTION 1.06. 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), [or] (E), (K), or
(L);
(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),
or (J), 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; [or]
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code;
(K) a violation of Section 20A.03 (Trafficking of
child in furtherance of sexual conduct or performance), Penal Code;
or
(L) a violation of Section 20A.02 (Trafficking of
persons) or 20A.04 (Continuous trafficking of persons), Penal Code,
if the actor committed the offense with the intent or knowledge that
the victim would engage in conduct that constitutes an offense
under or is prohibited by Section 43.02, 43.03, 43.04, 43.05, or
43.25, Penal Code.
SECTION 1.07. Section 508.145(d), Government Code, is
amended to read as follows:
(d) 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),
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.04,
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 1.08. Section 508.149(a), Government Code, is
amended to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure;
(2) a first degree felony or a second degree felony
under Section 19.02, Penal Code;
(3) a capital felony under Section 19.03, Penal Code;
(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
(5) an offense under Section 21.11, Penal Code;
(6) a felony under Section 22.011, Penal Code;
(7) a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(8) a first degree felony under Section 22.021, Penal
Code;
(9) a first degree felony under Section 22.04, Penal
Code;
(10) a first degree felony under Section 28.02, Penal
Code;
(11) a second degree felony under Section 29.02, Penal
Code;
(12) a first degree felony under Section 29.03, Penal
Code;
(13) a first degree felony under Section 30.02, Penal
Code;
(14) a felony for which the punishment is increased
under Section 481.134 or Section 481.140, Health and Safety Code;
(15) an offense under Section 43.25, Penal Code;
(16) an offense under Section 21.02, Penal Code; [or]
(17) a first degree felony under Section 15.03, Penal
Code; or
(18) an offense under Section 20A.04, Penal Code.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. 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 20A.03 (trafficking of child in
furtherance of sexual conduct or performance); or
(P) Section 20A.04 (continuous trafficking of
persons).
SECTION 2.02. Section 125.0015(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
controlled substance in violation of Chapter 481, Health and Safety
Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code;
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code; [or]
(18) massage therapy or other massage services in
violation of Chapter 455, Occupations Code; or
(19) continuous trafficking of persons as described by
Section 20A.04, Penal Code.
SECTION 2.03. The heading to Chapter 7A, Code of Criminal
Procedure, is amended to read as follows:
CHAPTER 7A. PROTECTIVE ORDER FOR CERTAIN VICTIMS [VICTIM] OF
TRAFFICKING OR SEXUAL ASSAULT
SECTION 2.04. Article 7A.01(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A person who is the victim of an offense under Section
20A.03, 20A.04, 21.02, 21.11, 22.011, or 22.021, Penal Code, a
parent or guardian acting on behalf of a person younger than 17
years of age who is the victim of such an offense, or a prosecuting
attorney acting on behalf of the person may file an application for
a protective order under this chapter without regard to the
relationship between the applicant and the alleged offender.
SECTION 2.05. 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; or
(G) continuous trafficking of persons under
Section 20A.04, 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;
(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; or
(D) trafficking of child in furtherance of sexual
conduct or performance under Section 20A.03, Penal Code;
(6) ten years from the 18th birthday of the victim of
the offense: injury to a child under Section 22.04, Penal Code; or
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 2.06. 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 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);
(J) Section 20A.03 (Trafficking of Child in
Furtherance of Sexual Conduct or Performance); or
(K) Section 20A.04 (Continuous 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 2.07. Article 17.032(a), Code of Criminal
Procedure, is amended to read as follows:
(a) In this article, "violent offense" means an offense
under the following sections of the Penal Code:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital murder);
(3) Section 20.03 (kidnapping);
(4) Section 20.04 (aggravated kidnapping);
(5) Section 21.11 (indecency with a child);
(6) Section 22.01(a)(1) (assault);
(7) Section 22.011 (sexual assault);
(8) Section 22.02 (aggravated assault);
(9) Section 22.021 (aggravated sexual assault);
(10) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(11) Section 29.03 (aggravated robbery); [or]
(12) Section 21.02 (continuous sexual abuse of young
child or children); or
(13) Section 20A.04 (continuous trafficking of
persons).
SECTION 2.08. Article 17.091, Code of Criminal Procedure,
is amended to read as follows:
Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
Before a judge or magistrate reduces the amount of bail set for a
defendant charged with an offense listed in Section 3g, Article
42.12, [or] an offense described by Article 62.001(5), or an
offense under Section 20A.04, Penal Code, the judge or magistrate
shall provide:
(1) to the attorney representing the state, reasonable
notice of the proposed bail reduction; and
(2) on request of the attorney representing the state
or the defendant or the defendant's counsel, an opportunity for a
hearing concerning the proposed bail reduction.
SECTION 2.09. 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 the offenses
of injury to a child as prohibited by Section 22.04, Penal Code;
sexual assault of a child as prohibited by Section 22.011(a), Penal
Code; aggravated sexual assault of a child as prohibited by Section
22.021, Penal Code; [or] continuous sexual abuse of young child or
children as prohibited by Section 21.02, Penal Code; or trafficking
of child in furtherance of sexual conduct or performance as
prohibited by Section 20A.03, Penal Code.
SECTION 2.10. Section 4(a), Article 37.07, Code of Criminal
Procedure, is amended to read as follows:
(a) In the penalty phase of the trial of a felony case in
which the punishment is to be assessed by the jury rather than the
court, if the offense of which the jury has found the defendant
guilty is an offense under Section 20A.04, Penal Code, or an offense
listed in Section 3g(a)(1), Article 42.12, of this code or if the
judgment contains an affirmative finding under Section 3g(a)(2),
Article 42.12, of this code, unless the defendant has been
convicted of an offense under Section 21.02, Penal Code, an offense
under Section 22.021, Penal Code, that is punishable under
Subsection (f) of that section, or a capital felony, the court shall
charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct
time. Prison authorities may award good conduct time to a prisoner
who exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, he will not become eligible for
parole until the actual time served equals one-half of the sentence
imposed or 30 years, whichever is less, without consideration of
any good conduct time he may earn. If the defendant is sentenced to
a term of less than four years, he must serve at least two years
before he is eligible for parole. Eligibility for parole does not
guarantee that parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if he is
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
SECTION 2.11. Section 1, Article 38.071, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. This article applies only to a hearing or proceeding
in which the court determines that a child younger than 13 years of
age would be unavailable to testify in the presence of the defendant
about an offense defined by any of the following sections of the
Penal Code:
(1) Section 19.02 (Murder);
(2) Section 19.03 (Capital Murder);
(3) Section 19.04 (Manslaughter);
(4) Section 20.04 (Aggravated Kidnapping);
(5) Section 21.11 (Indecency with a Child);
(6) Section 22.011 (Sexual Assault);
(7) Section 22.02 (Aggravated Assault);
(8) Section 22.021 (Aggravated Sexual Assault);
(9) Section 22.04(e) (Injury to a Child, Elderly
Individual, or Disabled Individual);
(10) Section 22.04(f) (Injury to a Child, Elderly
Individual, or Disabled Individual), if the conduct is committed
intentionally or knowingly;
(11) Section 25.02 (Prohibited Sexual Conduct);
(12) Section 29.03 (Aggravated Robbery);
(13) Section 43.25 (Sexual Performance by a Child);
[or]
(14) Section 21.02 (Continuous Sexual Abuse of Young
Child or Children);
(15) Section 20A.03 (Trafficking of Child in
Furtherance of Sexual Conduct or Performance); or
(16) Section 20A.04 (Continuous Trafficking of
Persons).
SECTION 2.12. Section 5(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) In all other cases the judge may grant deferred
adjudication unless:
(1) the defendant is charged with an offense:
(A) under Sections 49.04-49.08, Penal Code; or
(B) for which punishment may be 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;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
victim, or a felony described by Section 13B(b) of this article; and
(B) has previously been placed on community
supervision for any offense under Paragraph (A) of this
subdivision; or
(3) the defendant is charged with an offense under:
(A) Section 20A.04 or 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3), Penal Code.
SECTION 2.13. Article 62.101(a), Code of Criminal
Procedure, is amended to read as follows:
(a) Except as provided by Subsection (b) and Subchapter I,
the duty to register for a person ends when the person dies if the
person has a reportable conviction or adjudication, other than an
adjudication of delinquent conduct, for:
(1) a sexually violent offense;
(2) an offense under Section 25.02, 43.05(a)(2), or
43.26, Penal Code;
(3) an offense under Section 21.11(a)(2), Penal Code,
if before or after the person is convicted or adjudicated for the
offense under Section 21.11(a)(2), Penal Code, the person receives
or has received another reportable conviction or adjudication,
other than an adjudication of delinquent conduct, for an offense or
conduct that requires registration under this chapter;
(4) an offense under Section 20.02, 20.03, or 20.04,
Penal Code, if:
(A) the judgment in the case contains an
affirmative finding under Article 42.015 or, for a deferred
adjudication, the papers in the case contain an affirmative finding
that the victim or intended victim was younger than 17 years of age;
and
(B) before or after the person is convicted or
adjudicated for the offense under Section 20.02, 20.03, or 20.04,
Penal Code, the person receives or has received another reportable
conviction or adjudication, other than an adjudication of
delinquent conduct, for an offense or conduct that requires
registration under this chapter; [or]
(5) an offense under Section 43.23, Penal Code, that
is punishable under Subsection (h) of that section;
(6) an offense under Section 20A.03, Penal Code; or
(7) an offense under Section 20A.02 or 20A.04, Penal
Code, if the actor committed the offense with the intent or
knowledge that the victim would engage in conduct that constitutes
an offense under or is prohibited by Section 43.02, 43.03, 43.04,
43.05, or 43.25, Penal Code.
SECTION 2.14. Section 33.009, Family Code, is amended to
read as follows:
Sec. 33.009. OTHER REPORTS OF SEXUAL ABUSE OF A MINOR. A
court or the guardian ad litem or attorney ad litem for the minor
shall report conduct reasonably believed to violate Section 20A.03,
21.02, 22.011, 22.021, or 25.02, Penal Code, based on information
obtained during a confidential court proceeding held under this
chapter 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 2.15. 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 20A.03, 21.02, 22.011, 22.021, or 25.02, Penal
Code.
SECTION 2.16. Section 261.001(1), Family Code, is amended
to read as follows:
(1) "Abuse" includes the following acts or omissions
by a person:
(A) mental or emotional injury to a child that
results in an observable and material impairment in the child's
growth, development, or psychological functioning;
(B) causing or permitting the child to be in a
situation in which the child sustains a mental or emotional injury
that results in an observable and material impairment in the
child's growth, development, or psychological functioning;
(C) physical injury that results in substantial
harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at
variance with the history or explanation given and excluding an
accident or reasonable discipline by a parent, guardian, or
managing or possessory conservator that does not expose the child
to a substantial risk of harm;
(D) failure to make a reasonable effort to
prevent an action by another person that results in physical injury
that results in substantial harm to the child;
(E) sexual conduct harmful to a child's mental,
emotional, or physical welfare, including conduct that constitutes
the offense of continuous sexual abuse of young child or children
under Section 21.02, Penal Code, indecency with a child under
Section 21.11, Penal Code, sexual assault under Section 22.011,
Penal Code, [or] aggravated sexual assault under Section 22.021,
Penal Code, or trafficking of child in furtherance of sexual
conduct or performance under Section 20A.03, Penal Code;
(F) failure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(G) compelling or encouraging the child to engage
in sexual conduct as defined by Section 43.01, Penal Code;
(H) causing, permitting, encouraging, engaging
in, or allowing the photographing, filming, or depicting of the
child if the person knew or should have known that the resulting
photograph, film, or depiction of the child is obscene as defined by
Section 43.21, Penal Code, or pornographic;
(I) the current use by a person of a controlled
substance as defined by Chapter 481, Health and Safety Code, in a
manner or to the extent that the use results in physical, mental, or
emotional injury to a child;
(J) causing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code; or
(K) causing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code.
SECTION 2.17. 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; or
(vi) Section 20A.03 or 20A.04, 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 2.18. 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 20A.03; or
(L) Section 20A.04;
(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 2.19. Section 499.027(b), Government Code, is
amended to read as follows:
(b) An inmate is not eligible under this subchapter to be
considered for release to intensive supervision parole if:
(1) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense for
which the judgment contains an affirmative finding under Section
3g(a)(2), Article 42.12, Code of Criminal Procedure;
(2) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense
listed in one of the following sections of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 19.04 (manslaughter);
(D) Section 20.03 (kidnapping);
(E) Section 20.04 (aggravated kidnapping);
(F) Section 21.11 (indecency with a child);
(G) Section 22.011 (sexual assault);
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual assault);
(J) Section 22.04 (injury to a child or an
elderly individual);
(K) Section 25.02 (prohibited sexual conduct);
(L) Section 25.08 (sale or purchase of a child);
(M) Section 28.02 (arson);
(N) Section 29.02 (robbery);
(O) Section 29.03 (aggravated robbery);
(P) Section 30.02 (burglary), if the offense is
punished as a first-degree felony under that section;
(Q) Section 43.04 (aggravated promotion of
prostitution);
(R) Section 43.05 (compelling prostitution);
(S) Section 43.24 (sale, distribution, or
display of harmful material to minor);
(T) Section 43.25 (sexual performance by a
child);
(U) Section 46.10 (deadly weapon in penal
institution);
(V) Section 15.01 (criminal attempt), if the
offense attempted is listed in this subsection;
(W) Section 15.02 (criminal conspiracy), if the
offense that is the subject of the conspiracy is listed in this
subsection;
(X) Section 15.03 (criminal solicitation), if
the offense solicited is listed in this subsection; [or]
(Y) Section 21.02 (continuous sexual abuse of
young child or children);
(Z) Section 20A.03 (trafficking of child in
furtherance of sexual conduct or performance); or
(AA) Section 20A.04 (continuous trafficking of
persons); or
(3) the inmate is awaiting transfer to the
institutional division, or serving a sentence, for an offense under
Chapter 481, Health and Safety Code, punishable by a minimum term of
imprisonment or a maximum fine that is greater than the minimum term
of imprisonment or the maximum fine for a first degree felony.
SECTION 2.20. Section 508.046, Government Code, is amended
to read as follows:
Sec. 508.046. EXTRAORDINARY VOTE REQUIRED. To release on
parole an inmate who was convicted of an offense under Section
20A.04, 21.02, 21.11(a)(1), or 22.021, Penal Code, or who is
required under Section 508.145(c) to serve 35 calendar years before
becoming eligible for release on parole, all members of the board
must vote on the release on parole of the inmate, and at least
two-thirds of the members must vote in favor of the release on
parole. A member of the board may not vote on the release unless the
member first receives a copy of a written report from the department
on the probability that the inmate would commit an offense after
being released on parole.
SECTION 2.21. Section 508.151(a), Government Code, is
amended to read as follows:
(a) For the purpose of diverting inmates to halfway houses
under Section 508.118, a parole panel, after reviewing all
available pertinent information, may designate a presumptive
parole date for an inmate who:
(1) has never been convicted of an offense listed
under Section 3g(a)(1), Article 42.12, Code of Criminal Procedure,
or an offense under Section 20A.04 or 21.02, Penal Code; and
(2) has never had a conviction with a judgment that
contains an affirmative finding under Section 3g(a)(2), Article
42.12, Code of Criminal Procedure.
SECTION 2.22. Section 12.35(c), Penal Code, is amended to
read as follows:
(c) An individual adjudged guilty of a state jail felony
shall be punished for a third degree felony if it is shown on the
trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) under Section 20A.04 or 21.02 or listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure.
SECTION 2.23. Section 12.42(c)(2), Penal Code, is amended
to read as follows:
(2) Notwithstanding Subdivision (1), a defendant
shall be punished by imprisonment in the Texas Department of
Criminal Justice for life if:
(A) the defendant is convicted of an offense:
(i) under Section 20A.04, 21.11(a)(1),
22.021, or 22.011, Penal Code;
(ii) 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
(iii) under Section 30.02, Penal Code,
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (i) or (ii) or a felony under Section 21.11, Penal
Code; and
(B) the defendant has been previously convicted
of an offense:
(i) under Section 43.25 or 43.26, Penal
Code, or an offense under Section 43.23, Penal Code, punishable
under Subsection (h) of that section;
(ii) under Section 20A.04, 21.02, 21.11,
22.011, 22.021, or 25.02, Penal Code;
(iii) under Section 20.04(a)(4), Penal
Code, if the defendant committed the offense with the intent to
violate or abuse the victim sexually;
(iv) under Section 30.02, Penal Code,
punishable under Subsection (d) of that section, if the defendant
committed the offense with the intent to commit a felony described
by Subparagraph (ii) or (iii); or
(v) under the laws of another state
containing elements that are substantially similar to the elements
of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
ARTICLE 3. TRANSITION; EFFECTIVE DATE
SECTION 3.01. 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 3.02. This Act takes effect September 1, 2011.