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  S.B. No. 1802
 
 
 
 
AN ACT
  relating to the prosecution of and punishment for certain
  trafficking and prostitution offenses and certain other
  consequences of those offenses; increasing criminal penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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), 21.09 (Bestiality), 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 43.04 (Aggravated
  promotion of prostitution), 43.05 (Compelling prostitution), 43.25
  (Sexual performance by a child), or 43.26 (Possession or promotion
  of child pornography), Penal Code;
                     (B-1)  a violation of Section 43.02
  (Prostitution), Penal Code, if the offense is punishable under
  Subsection (c-1)(3) of that section;
                     (C)  a violation of Section 20.04(a)(4)
  (Aggravated kidnapping), Penal Code, if the actor committed the
  offense or engaged in the conduct with intent to violate or abuse
  the victim sexually;
                     (D)  a violation of Section 30.02 (Burglary),
  Penal Code, if the offense or conduct is punishable under
  Subsection (d) of that section and the actor committed the offense
  or engaged in the conduct with intent to commit a felony listed in
  Paragraph (A) or (C);
                     (E)  a violation of Section 20.02 (Unlawful
  restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
  Penal Code, if, as applicable:
                           (i)  the judgment in the case contains an
  affirmative finding under Article 42.015; or
                           (ii)  the order in the hearing or the papers
  in the case contain an affirmative finding that the victim or
  intended victim was younger than 17 years of age;
                     (F)  the second violation of Section 21.08
  (Indecent exposure), Penal Code, but not if the second violation
  results in a deferred adjudication;
                     (G)  an attempt, conspiracy, or solicitation, as
  defined by Chapter 15, Penal Code, to commit an offense or engage in
  conduct listed in Paragraph (A), (B), (C), (D), (E), (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), (B-1), (C), (D), (E),
  (G), (J), (K), or (L), but not if the violation results in a
  deferred adjudication;
                     (I)  the second violation of the laws of another
  state, federal law, the laws of a foreign country, or the Uniform
  Code of Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of the offense of indecent exposure, but not if the second violation
  results in a deferred adjudication;
                     (J)  a violation of Section 33.021 (Online
  solicitation of a minor), Penal Code;
                     (K)  a violation of Section 20A.02(a)(3), (4),
  (7), or (8) (Trafficking of persons), Penal Code; or
                     (L)  a violation of Section 20A.03 (Continuous
  trafficking of persons), Penal Code, if the offense is based partly
  or wholly on conduct that constitutes an offense under Section
  20A.02(a)(3), (4), (7), or (8) of that code.
         SECTION 2.  Section 20A.02(a-1), Penal Code, is amended to
  read as follows:
         (a-1)  For purposes of Subsection (a)(3), "coercion" as
  defined by Section 1.07 includes:
               (1)  destroying, concealing, confiscating, or
  withholding from a [the] trafficked person, or threatening to
  destroy, conceal, confiscate, or withhold from a [the] trafficked
  person, the [trafficked] person's actual or purported:
                     (A) [(1)]  government records; or
                     (B) [(2)]  identifying information or documents;
               (2)  causing a trafficked person, without the person's
  consent, to become intoxicated, as defined by Section 49.01, to a
  degree that impairs the person's ability to appraise the nature of
  the prohibited conduct or to resist engaging in that conduct; or
               (3)  withholding alcohol or a controlled substance to a
  degree that impairs the ability of a trafficked person with a
  chemical dependency, as defined by Section 462.001, Health and
  Safety Code, to appraise the nature of the prohibited conduct or to
  resist engaging in that conduct.
         SECTION 3.  Section 43.03(b), Penal Code, is amended to read
  as follows:
         (b)  An offense under this section is a felony of the third
  degree [state jail felony], except that the offense is:
               (1)  a felony of the second [third] degree if the actor
  has been previously convicted of an offense under this section; or
               (2)  a felony of the first [second] degree if the actor
  engages in conduct described by Subsection (a)(1) or (2) involving
  a person younger than 18 years of age engaging in prostitution,
  regardless of whether the actor knows the age of the person at the
  time of the offense.
         SECTION 4.  Section 43.04(b), Penal Code, is amended to read
  as follows:
         (b)  An offense under this section is a felony of the [second
  degree, except that the offense is a felony of the] first degree [if
  the prostitution enterprise uses as a prostitute one or more
  persons younger than 18 years of age, regardless of whether the
  actor knows the age of the person at the time of the offense].
         SECTION 5.  Section 43.05, Penal Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) to read
  as follows:
         (a)  A person commits an offense if the person knowingly:
               (1)  causes another by force, threat, coercion, or
  fraud to commit prostitution; or
               (2)  causes by any means a child younger than 18 years
  to commit prostitution, regardless of whether the actor knows the
  age of the child at the time of the offense.
         (b)  An offense under this section [Subsection (a)(1) is a
  felony of the second degree.   An offense under Subsection (a)(2)] is
  a felony of the first degree.
         (d)  For purposes of this section, "coercion" as defined by
  Section 1.07 includes:
               (1)  destroying, concealing, confiscating, or
  withholding from a person, or threatening to destroy, conceal,
  confiscate, or withhold from a person, the person's actual or
  purported:
                     (A)  government records; or
                     (B)  identifying information or documents;
               (2)  causing a person, without the person's consent, to
  become intoxicated, as defined by Section 49.01, to a degree that
  impairs the person's ability to appraise the nature of the person's
  conduct that constitutes prostitution or to resist engaging in that
  conduct; or
               (3)  withholding alcohol or a controlled substance to a
  degree that impairs the ability of a person with a chemical
  dependency, as defined by Section 462.001, Health and Safety Code,
  to appraise the nature of the person's conduct that constitutes
  prostitution or to resist engaging in that conduct.
         SECTION 6.  (a)  The change in law made by this Act to
  Article 62.001(5), Code of Criminal Procedure, applies only to a
  person who is required to register under Chapter 62, Code of
  Criminal Procedure, on the basis of a conviction or adjudication
  for or based on an offense committed on or after the effective date
  of this Act. A person who is required to register under Chapter 62,
  Code of Criminal Procedure, solely on the basis of a conviction or
  adjudication for or based on 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.
         (b)  The changes in law made by this Act to Sections 20A.02,
  43.03, 43.04, and 43.05, Penal Code, apply only to an offense
  committed on or after the effective date of this Act. An offense
  committed before the effective date of this Act is governed by the
  law in effect on the date the offense was committed, and the former
  law is continued in effect for that purpose.
         (c)  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 7.  This Act takes effect September 1, 2019.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1802 passed the Senate on
  April 17, 2019, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1802 passed the House on
  May 14, 2019, by the following vote:  Yeas 141, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor