85R12274 SCL-F     By: Leach H.B. No. 3248       A BILL TO BE ENTITLED   AN ACT   relating to prevention of coerced abortions and human trafficking;   creating an offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 2, Code of Criminal Procedure, is   amended by adding Article 2.273 to read as follows:          Art. 2.273.  INVESTIGATION OF ALLEGATION OF COERCED ABORTION   OR HUMAN TRAFFICKING.  (a)  On receipt of a report or other   complaint alleging a violation of Section 20A.02 or 25.12, Penal   Code, the appropriate law enforcement agency shall investigate the   allegation and write a report not later than 12 hours after receipt   of the allegation.          (b)  A law enforcement agency must make the written report in   response to each allegation under this article regardless of   whether the agency knows that a report about the allegation was   previously made by another law enforcement agency.          SECTION 2.  Chapter 25, Penal Code, is amended by adding   Section 25.12 to read as follows:          Sec. 25.12.  COERCION OF ABORTION. (a) A person commits an   offense if the person uses coercion to cause a pregnant woman to   have or seek an abortion, unless:                (1)  the pregnant woman is younger than 18 years of age;   and                (2)  the actor is the parent, conservator, or guardian   of the pregnant woman.          (b)  An offense under this section is a Class A misdemeanor.          (c)  A person who in good faith reports to law enforcement   authorities a suspected offense under Subsection (a) is immune from   civil liability in an action brought against the person for   reporting the suspected offense.          SECTION 3.  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;                      (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,   including compelling or encouraging the child in a manner that   constitutes an offense of trafficking of persons under Section   20A.02(a)(7) or (8), Penal Code, prostitution under Section   43.02(b), Penal Code, or compelling prostitution under Section   43.05(a)(2), 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;                      (K)  causing, permitting, encouraging, engaging   in, or allowing a sexual performance by a child as defined by   Section 43.25, Penal Code; [or]                      (L)  knowingly causing, permitting, encouraging,   engaging in, or allowing a child to be trafficked in a manner   punishable as an offense under Section 20A.02(a)(5), (6), (7), or   (8), Penal Code, or the failure to make a reasonable effort to   prevent a child from being trafficked in a manner punishable as an   offense under any of those sections; or                      (M)  coercing or forcing a child to have or seek an   abortion.          SECTION 4.  Article 2.273, Code of Criminal Procedure, as   added by this Act, applies to an allegation made on or after the   effective date of this Act, regardless of whether the conduct that   is the subject of the allegation occurred before, on, or after that   date.          SECTION 5.  This Act takes effect September 1, 2017.