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.