89R15121 CJD-D
	By: LaHood	H.B. No. 3653

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution and punishment of certain trafficking
	of persons offenses; increasing criminal penalties; changing
	parole eligibility.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 20A.02(b), Penal Code, as amended by
	Chapters 93 (S.B. 1527) and 452 (H.B. 3554), Acts of the 88th
	Legislature, Regular Session, 2023, is reenacted and amended to
	read as follows:
	(b)  Except as otherwise provided by this subsection and
	Subsections [Subsection] (b-1) and (b-2), an offense under this
	section is a felony of the second degree. An offense under this
	section is a felony of the first degree if:
	(1)  the applicable conduct constitutes an offense
	under:
	(A)  Subsection (a)(5) or [,] (6) involving the
	trafficking of a child, [(7), or (8),] regardless of whether the
	actor knows the age of the child; or
	(B)  Subsection (a)(5), (6), (7), or (8) involving
	the trafficking of a disabled individual, regardless of whether the
	actor knows the victim is disabled at the time of the offense;
	(2)  the commission of the offense results in serious
	bodily injury to or the death of the person who is trafficked; [or]
	(3)  the commission of the offense results in the death
	of an unborn child of the person who is trafficked; or
	(4)  the actor:
	(A)  used or exhibited a deadly weapon during the
	commission of the offense; or
	(B)  intentionally, knowingly, or recklessly
	impeded the normal breathing or circulation of the blood of the
	trafficked person by applying pressure to the person's throat or
	neck or by blocking the person's nose or mouth.
	SECTION 2.  Section 20A.02(b-1), Penal Code, as amended by
	Chapters 451 (H.B. 3553) and 452 (H.B. 3554), Acts of the 88th
	Legislature, Regular Session, 2023, is reenacted and amended to
	read as follows:
	(b-1)  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 a term of not more than 99 years or
	less than 25 years if it is shown on the trial of the offense that
	the actor committed the offense in a location that was:
	(1)  on the premises of or within 1,000 feet of the
	premises of:
	(A)  a school; [or]
	(B)  an institution of higher education or private
	or independent institution of higher education, as defined by
	Section 61.003, Education Code;
	(C) [(B)]  a juvenile detention facility;
	(D) [(C)]  a post-adjudication secure
	correctional facility;
	(E) [(D)]  a shelter or facility operating as a
	residential treatment center that serves runaway youth, foster
	children, people who are homeless, or persons subjected to human
	trafficking, domestic violence, or sexual assault;
	(F) [(E)]  a community center offering youth
	services and programs; or
	(G) [(F)]  a child-care facility, as defined by
	Section 42.002, Human Resources Code; or
	(2)  on the premises where or within 1,000 feet of the
	premises where:
	(A)  an official school function was taking place;
	or
	(B)  an event sponsored or sanctioned by the
	University Interscholastic League was taking place.
	SECTION 3.  Section 20A.02, Penal Code, is amended by adding
	Subsection (b-2) to read as follows:
	(b-2)  An offense under Subsection (a)(7) or (8) involving
	the trafficking of a child is a capital felony.
	SECTION 4.  Section 20A.03, Penal Code, is amended by
	amending Subsection (e) and adding Subsection (f) to read as
	follows:
	(e)  Except as provided by Subsection (f), an [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.
	(f)  An offense under this section is a capital felony if the
	offense is based partly or wholly on conduct constituting an
	offense under Section 20A.02(a)(7) or (8) involving the trafficking
	of a child.
	SECTION 5.  The heading to Article 37.072, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 37.072.  PROCEDURE IN REPEAT SEX OFFENDER OR CHILD
	TRAFFICKING CAPITAL CASE
	SECTION 6.  Article 37.072, Code of Criminal Procedure, is
	amended by adding Section 1-a to read as follows:
	Sec. 1-a.  If a defendant is found guilty in a capital felony
	case punishable under Section 20A.02(b-2) or 20A.03(f), Penal Code,
	in which the state does not seek the death penalty, the judge shall
	sentence the defendant to life imprisonment or to life imprisonment
	without parole as required by Section 12.31, Penal Code.
	SECTION 7.  Section 2(a)(1), Article 37.072, Code of
	Criminal Procedure, is amended to read as follows:
	(a)(1)  If a defendant is tried for an offense punishable
	under Section 12.42(c)(3), 20A.02(b-2), or 20A.03(f), Penal Code,
	in which the state seeks the death penalty, on a finding that the
	defendant is guilty of a capital offense, the court shall conduct a
	separate sentencing proceeding to determine whether the defendant
	shall be sentenced to death or life imprisonment without parole.
	The proceeding shall be conducted in the trial court and, except as
	provided by Article 44.29(d) [of this code], before the trial jury
	as soon as practicable.  In the proceeding, evidence may be
	presented by the state and the defendant or the defendant's counsel
	as to any matter that the court considers relevant to sentence,
	including evidence of the defendant's background or character or
	the circumstances of the offense that mitigates against the
	imposition of the death penalty.  This subdivision may not be
	construed to authorize the introduction of any evidence secured in
	violation of the Constitution of the United States or of the State
	of Texas.  The state and the defendant or the defendant's counsel
	shall be permitted to present argument for or against sentence of
	death.  The introduction of evidence of extraneous conduct is
	governed by the notice requirements of Section 3(g), Article 37.07.
	The court, the attorney representing the state, the defendant, or
	the defendant's counsel may not inform a juror or a prospective
	juror of the effect of a failure of a jury to agree on issues
	submitted under Subsection (b) or (e).
	SECTION 8.  Section 2(b), Article 37.072, Code of Criminal
	Procedure, is amended to read as follows:
	(b)  On conclusion of the presentation of the evidence, the
	court shall submit the following issues to the jury:
	(1)  whether there is a probability that the defendant
	would commit criminal acts of violence that would constitute a
	continuing threat to society; and
	(2)  in cases in which the jury charge at the guilt or
	innocence stage permitted the jury to find the defendant guilty as a
	party under Sections 7.01 and 7.02, Penal Code:
	(A)  if the defendant is convicted of an offense
	punishable under Section 12.42(c)(3), Penal Code, whether the
	defendant actually engaged in the conduct prohibited by Section
	22.021, Penal Code, or did not actually engage in the conduct
	prohibited by Section 22.021, Penal Code, but intended that the
	offense be committed against the victim or another intended victim;
	or
	(B)  if the defendant is convicted of an offense
	punishable under Section 20A.02(b-2) or 20A.03(f), Penal Code,
	whether the defendant actually engaged in conduct prohibited by
	Section 20A.02(a)(7) or (8), Penal Code, involving the trafficking
	of a child or did not actually engage in conduct prohibited by
	Section 20A.02(a)(7) or (8), Penal Code, involving the trafficking
	of a child but intended that the offense be committed against the
	victim or another intended victim who is a child.
	SECTION 9.  Article 42.01991(a), Code of Criminal Procedure,
	is amended to read as follows:
	(a)  This article applies only in the trial of an offense
	under Section 20A.02(a)(5), (6), (7), or (8), Penal Code, other
	than an offense punishable under Subsection (b-2) of that section,
	in which:
	(1)  the defendant enters a plea of guilty; and
	(2)  the attorney representing the state, the attorney
	representing the defendant, and the defendant agree in writing that
	the defendant will become eligible for release on parole as
	described by Section 508.145(c-1)(2), Government Code.
	SECTION 10.  Articles 44.29(b) and (d), Code of Criminal
	Procedure, are amended to read as follows:
	(b)  If the court of appeals or the Court of Criminal Appeals
	awards a new trial to a defendant other than a defendant convicted
	of an offense under Section 19.03, Penal Code, or punishable as a
	capital felony under Section 20A.02(b-2) or 20A.03(f), Penal Code,
	only on the basis of an error or errors made in the punishment stage
	of the trial, the cause shall stand as it would have stood in case
	the new trial had been granted by the court below, except that the
	court shall commence the new trial as if a finding of guilt had been
	returned and proceed to the punishment stage of the trial under
	Subsection (b), Section 2, Article 37.07 [, of this code].  If the
	defendant elects, the court shall empanel a jury for the sentencing
	stage of the trial in the same manner as a jury is empaneled by the
	court for other trials before the court.  At the new trial, the
	court shall allow both the state and the defendant to introduce
	evidence to show the circumstances of the offense and other
	evidence as permitted by Section 3 of Article 37.07 [of this code].
	(d)  If any court sets aside or invalidates the sentence of a
	defendant convicted of an offense punishable as a capital felony
	under Section 12.42(c)(3), 20A.02(b-2), or 20A.03(f), Penal Code,
	and sentenced to death on the basis of any error affecting
	punishment only, the court shall not set the conviction aside but
	rather shall commence a new punishment hearing under Article
	37.072, as if a finding of guilt had been returned.  The court shall
	empanel a jury for the sentencing stage of the trial in the same
	manner as a jury is to be empaneled by the court in other trials
	before the court for the offense of which the defendant was
	convicted.  At the new punishment hearing, the court shall permit
	both the state and the defendant to introduce evidence as permitted
	by Article 37.072.
	SECTION 11.  Section 508.145(a), Government Code, is amended
	to read as follows:
	(a)  An inmate is not eligible for release on parole if the
	inmate is under sentence of death, serving a sentence of life
	imprisonment without parole, or serving a sentence for any of the
	following offenses under the Penal Code:
	(1)  Section 20A.03, if the offense is based partly or
	wholly on conduct constituting an offense under:
	(A)  Section 20A.02(a)(5) or (6) involving the
	trafficking of a child; or
	(B)  Section 20A.02(a)(5), (6), (7), or (8)
	involving the trafficking of a disabled individual;
	(2)  Section 21.02;
	(3)  Section 22.021, if the offense is punishable under
	Subsection (f) of that section; or
	(4)  Section 51.03 or 51.04.
	SECTION 12.  Section 508.145(d)(1), Government Code, is
	amended to read as follows:
	(d)(1)  This subsection applies only to an inmate who is
	serving a sentence for:
	(A)  an offense described by Article 42A.054(a),
	Code of Criminal Procedure, other than an offense punishable as a
	capital felony [under Section 19.03, Penal Code,] or an offense
	under Chapter 20A, Penal Code, that is described by Subsection
	(a)(1) or (c-1)(1);
	(B)  an offense for which the judgment contains an
	affirmative finding under Article 42A.054(c) or (d), Code of
	Criminal Procedure; or
	(C)  an offense under Section 71.02 or 71.023,
	Penal Code.
	SECTION 13.  Sections 12.42(c)(2) and (4), Penal Code, are
	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.02(a)(7) or (8),
	Penal Code, involving the trafficking of a disabled individual;
	(ii)  under Section 21.11(a)(1), 22.021, or
	22.011, Penal Code;
	(iii) [(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
	(iv) [(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 (iii) 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.02(a)(7) or (8),
	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).
	(4)  Notwithstanding Subdivision (1) or (2), and except
	as provided by Subdivision (3) for the trial of an offense under
	Section 22.021 as described by that subdivision, a defendant shall
	be punished by imprisonment in the Texas Department of Criminal
	Justice for life without parole if it is shown on the trial of an
	offense under Section 20A.03, other than an offense punishable as a
	capital felony, or of a sexually violent offense, committed by the
	defendant on or after the defendant's 18th birthday, that the
	defendant has previously been finally convicted of:
	(A)  an offense under Section 20A.03 or of a
	sexually violent offense; or
	(B)  an offense that was committed under the laws
	of another state and that contains elements that are substantially
	similar to the elements of an offense under Section 20A.03 or of a
	sexually violent offense.
	SECTION 14.  The changes in law made by this Act 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. 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 15.  This Act takes effect September 1, 2025.