By David A. Daz - Legislativemedia@aol.com
Against Human Smugglers Protect Victims of Sexual Abuse Approved by House of Representatives
Texas Insider Report: AUSTIN Texas More protections for women and children in Texas who are exploited by human traffickers along with stiffer punishments for those smugglers were approved by the House of Representatives on Tuesday April 16 said Rep. Sergio Muoz Jr. D-Mission a joint author of the legislation.
House Bill 8 whose lead author is Rep. Senfronia Thompson D-Houston is the states most recent effort to combat human trafficking a global problem which is growing in Texas.
House Bill 8 would resolve conflicting protective order statutes adds trafficking of persons and compelling prostitution to the list of offenses ineligible for parole adds sex trafficking of a minor and compelling prostitution to the list of offenses ineligible for community supervision includes trafficking of persons in the list of crimes eligible to receive reimbursement for relocation expenses under the Crime Victims Compensation Act and enhances certain penalties for trafficking related offenses" Thompson explained.
HB 8 goes to the Senate where it will be carried by Sen. Leticia Van de Putte D-San Antonio.
Human trafficking is modern-day slavery" Muoz said. Many victims are brought through Texas through our border with Mexico which stretches almost 1300 miles in length. We have a responsibility to continue to fight this criminal enterprise which especially exploits and endangers women and children."
Supporters of HB 8 said the changes are necessary to continue the states efforts to combat the horrific crime of human trafficking especially the sex trafficking of children.
Texas has been identified as a hub for international human trafficking and in response the state has enacted numerous laws to combat these crimes. These have included laws to punish traffickers protect victims and establish the states Human Trafficking Prevention Task Force. HB 8 would continue these efforts by focusing on crimes related to the sex trafficking and exploitation of children.
In December details on the issue were published in the Texas Human Trafficking Prevention Task Force Report 2012.
Among the many highlights were the following findings:
• Evidence suggests traffickers are taking advantage of the states vast borders intricate roadways robust economy booming tourism and expansive agricultural industries. Although accurately reflecting the prevalence of this crime across the state is still elusive Texas is able to capture limited data on human trafficking and human trafficking-related offenses using the Human Trafficking Reporting System (HTRS).
HTRS is a secure online portal where Department of Justice (DOJ)-funded task forces and voluntary participants from other law enforcement agencies enter data on suspected human trafficking incidents offenders and victims.
Based solely on the limited information entered into HTRS by the 11 Texas-based reporting agencies there have been 678 human trafficking-related incidences and 167 suspects arrested from January 1 2007 to December 14 2012. Of those arrested 79 were ultimately convicted.
In addition according to the Texas Department of Criminal Justice (TDCJ) 13 inmates are currently serving sentences for a human trafficking-related offense and 52 inmates are serving sentences for compelling prostitution.
The number of arrests and inmates does not necessarily illustrate the extent of human trafficking across Texas. The better measure is the number of victims that have been identified by reporting law enforcement agencies. Victim information is gathered by the two Texas-based Federal Bureau of Investigation (FBI) Innocence Lost Task Forces one each in Dallas and Houston and from the HTRS data base.23 Based on this data 768 human trafficking victims have been reported in Texas.
In 2009 the State of Texas took major steps to fight human trafficking by creating the Texas Human Trafficking Prevention Task Force. On February 12 Van de Putte and Thompson introduced HB 8 that combined all of the recommendations presented in the Task Forces 2012 report which is accessible on the Office of the Attorney Generals website at www.texasattorneygeneral.gov.
Muoz signed on as a joint author of HB 8 on March 12.
BACKGROUND AND PURPOSE
According to the bill analysis of the measure House Bill 8 as approved by the House of Representatives:
The 81st Legislature created the Human Trafficking Prevention Task Force in an effort to create a statewide partnership among law enforcement agencies social service providers nongovernmental organizations legal representatives and state agencies that fight against human trafficking. The task force worked to develop policies and procedures to assist in the prevention and prosecution of human trafficking crimes and to propose legislative recommendations that better protect both adult and child victims.
HB 8 seeks to aid the prevention and elimination of the crime of human trafficking by enacting recommendations made by the task force in its recent report to the legislature.
HB 8 would make several changes to Penal Code Code of Criminal Procedure and Government Code statutes dealing with prostitution the trafficking of persons and other crimes including:
- Increasing the penalties for certain offenses related to prostitution involving children;
- Eliminating the statute of limitations for compelling prostitution of children;
- Prohibiting jury-recommended probation and restricting parole consideration for certain offenses;
- Adding some prostitution-related offenses to the sex offender registry;
- Merging provisions dealing with protective orders for victims of human trafficking and certain other victims; and
- Allowing victims of trafficking to receive relocation expenses from the crime victims compensation fund and to participate in a state address confidentiality program.
ANALYSIS
HB 8 reenacts and amends Article 7A.01(a) Code of Criminal Procedure as amended by Chapters 1 (S.B. 24) and 135 (S.B. 250) Acts of the 82nd Legislature Regular Session 2011 to include a victim of any trafficking of persons offense rather than only certain trafficking of persons offenses among the persons authorized to file an application for a protective order without regard to the relationship between the applicant and the alleged offender. The bill clarifies that a parent or guardian acting on behalf of a person younger than 18 years of age who is the victim of any trafficking of persons offense is also authorized to file such application.
HB 8 amends the Code of Criminal Procedure to authorize a court to enter a temporary ex parte order for the protection of a protective order applicant or any other member of the applicants family or household if the court finds from the information contained in the application that there is a clear and present danger of sexual abuse or trafficking.
HB 8 reenacts and amends Article 7A.03 Code of Criminal Procedure as amended by Chapters 135 (S.B. 250) and 238 (H.B. 649) Acts of the 82nd Legislature Regular Session 2011 to expand the offenses for which a court is required to find whether there are reasonable grounds to believe that a protective order applicant is the victim to include sexual abuse and trafficking and to require the court to include such findings in the issued protective order.
HB 8 amends the Code of Criminal Procedure to clarify that a parent or guardian acting on behalf of a victim of any trafficking of persons offense or a compelling prostitution offense who is younger than 18 years of age is authorized to file at any time an application with the court to rescind a protective order.
HB 8 reenacts and amends Article 12.01 Code of Criminal Procedure as amended 1 (S.B. 24) 122 (H.B. 3000) 222 (H.B. 253) and 620 (S.B. 688) Acts of the 82nd Legislature Regular Session 2011 to change the statute of limitation for compelling prostitution from 10 years from the victims 18th birthday to no limitation.
HB 8 amends the Code of Criminal Procedure to make a defendant convicted of compelling prostitution or trafficking of persons ineligible for jury recommended community supervision. The bill includes a victim of trafficking of persons defined for purposes of crime victims rights as any offense that results in a person engaging in forced labor or services and that may be prosecuted under specified laws among the persons eligible to receive a onetime-only assistance payment in a specified amount for certain relocation and housing expenses and among the persons for which the attorney general is required to establish an address confidentiality program. The bill includes a conviction of or an adjudication for or based on certain prostitution and compelling prostitution offenses in the definition of reportable conviction or adjudication for purposes of the sex offender registration program.
HB 8 amends the Government Code to make an inmate serving a sentence for compelling prostitution or trafficking of persons ineligible for release on parole until the inmates 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 less than two calendar years.
HB 8 amends the Penal Code to increase from younger than 14 years of age to younger than 18 years of age the age at which a person being solicited in a prostitution offense results in a penalty enhancement to a felony of the second degree and to specify that this enhancement occurs regardless of whether the actor knows the age of the person solicited at the time the actor commits the offense.
HB 8 enhances from a Class A misdemeanor to a felony of the second degree the penalty for promotion of prostitution if the actor solicits a person younger than 18 years of age to engage in prostitution with another or receives money or other property pursuant to an agreement to participate in the proceeds of prostitution services rendered by a person younger than 18 years of age.
HB 8 enhances from a felony of the third degree to a felony of the first degree the penalty for aggravated promotion of prostitution if the prostitution enterprise uses as a prostitute one or more persons younger than 18 years of age.
HB 8 increases to a felony of the second degree the penalty enhancements for all obscenity offenses resulting from the showing at trial that the obscene material that is the subject of the offense visually depicts certain obscene activities engaged in by a child younger than 18 years of age or in an image depicting a child.
HB 8 creates an offense if a person knowingly or intentionally accesses with intent to view visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct including a child who engages in sexual conduct as a victim of an offense under Section 20A. (a) (5) (6) (7) or (8).
HB 8 creates an offense if a person knowingly or intentionally accessed the visual material in good fail solely as a result of an allegation of a violation of Section 43.621.
HB 8 reenacts and amends Section 71.02(a) Penal Code as amended by Chapters 68 (S.B. 934) and 223 (H.B. 260) Acts of the 82nd Legislature Regular Session 2011 to expand the conduct that constitutes the offense of engaging in organized criminal activity to include the commission or conspiracy to commit continuous sexual abuse of a young child or children or solicitation of a minor with the intent to establish maintain or participate in a combination or in the profits of a combination or as a member of a criminal street gang.
HB 8 makes technical corrections and repeals Chapter 7B Code of Criminal Procedure relating to protective orders for victims of trafficking of persons.
