85R5065 LHC-D     By: Hernandez H.B. No. 761       A BILL TO BE ENTITLED   AN ACT   relating to protections under civil and criminal law for certain   young victims of trafficking; increasing the penalty for   trafficking of persons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 2, Family Code, is amended by adding   Subtitle D to read as follows:   SUBTITLE D. SPECIAL DECLARATORY ACTIONS   CHAPTER 46. SPECIAL IMMIGRANT STATUS FOR CERTAIN VICTIMS OF   TRAFFICKING OF PERSONS          Sec. 46.001.  DEFINITION. In this chapter, "young adult"   means a person who is at least 18 years of age and younger than 21   years of age.          Sec. 46.002.  PETITION FOR COURT DECLARATION. A young adult   who is not a citizen or permanent resident of the United States and   who has been a victim of conduct prohibited under Chapter 20A, Penal   Code, may file a suit requesting the court to declare that the young   adult has been abused, neglected, or abandoned and otherwise meets   the requirements for special immigrant status as defined by 8   U.S.C. Section 1101(a)(27)(J). The suit may be filed in a court   that has family law jurisdiction.          Sec. 46.003.  COURT ORDER. The court, on presentation of   proper evidence of a young adult's eligibility under this chapter,   shall render an order declaring that:                (1)  the young adult is court-dependent;                (2)  reunification with one or both of the young adult's   parents is not viable due to abuse, neglect, or abandonment, as   defined by state or federal law; and                (3)  it is not in the young adult's best interest to be   returned to the young adult's or the parent's previous country of   origin or country of last habitual residence.          Sec. 46.004.  EXTENDED JURISDICTION. A court that renders   an order under this chapter may retain jurisdiction over the young   adult until the earliest of:                (1)  the young adult's 21st birthday;                (2)  the date the young adult is granted lawful   permanent resident status;                (3)  the date an appeal of the denial of an application   for permanent residency based on a petition for special immigrant   status is denied; or                (4)  if an appeal described by Subdivision (3) is not   filed, the day after the last day to file an appeal of the denial of   an application for permanent residency based on a petition for   special immigrant status.          SECTION 2.  Chapter 51, Family Code, is amended by adding   Section 51.0414 to read as follows:          Sec. 51.0414.  EXTENDED JURISDICTION. (a)  This section   applies only to a person otherwise subject to the jurisdiction of   the court who:                (1)  is not a citizen or permanent resident of the   United States; and                (2)  has been a victim of conduct prohibited under   Chapter 20A, Penal Code.          (b)  With respect to issues relating to the person's special   immigrant status, the court retains jurisdiction over a person to   whom this section applies if an application seeking special   immigrant status as defined by 8 U.S.C. Section 1101(a)(27)(J) has   been filed with the appropriate federal authority on behalf of the   person.          (c)  The court retains jurisdiction under this section until   the earliest of:                (1)  the person's 21st birthday;                (2)  the date the person is granted lawful permanent   resident status;                (3)  the date an appeal of the denial of an application   for permanent residency based on a petition for special immigrant   status is denied; or                (4)  if an appeal described by Subdivision (3) is not   filed, the day after the last day to file an appeal of the denial of   an application for permanent residency based on a petition for   special immigrant status.          SECTION 3.  Subchapter A, Chapter 155, Family Code, is   amended by adding Section 155.006 to read as follows:          Sec. 155.006.  EXTENDED JURISDICTION.  (a)  If an   application seeking special immigrant status as defined by 8 U.S.C.   Section 1101(a)(27)(J) has been filed with the appropriate federal   authority on behalf of a child over whom the court has continuing,   exclusive jurisdiction, and if the child has been a victim of   conduct prohibited under Chapter 20A, Penal Code, the court may   extend the court's jurisdiction over the child after the child's   18th birthday until the earliest of:                (1)  the child's 21st birthday;                (2)  the date the child is granted lawful permanent   resident status;                (3)  the date an appeal of the denial of an application   for permanent residency based on a petition for special immigrant   status is denied; or                (4)  if an appeal described by Subdivision (3) is not   filed, the day after the last day to file an appeal of the denial of   an application for permanent residency based on a petition for   special immigrant status.          (b)  The court's jurisdiction under this section is limited   to issues relating to the child's special immigrant status.          SECTION 4.  Subchapter A, Chapter 262, Family Code, is   amended by adding Section 262.0021 to read as follows:          Sec. 262.0021.  EXTENDED JURISDICTION.  (a)  If an   application seeking special immigrant status as defined by 8 U.S.C.   Section 1101(a)(27)(J) has been filed with the appropriate federal   authority on behalf of a child over whom the court has jurisdiction   under this subtitle, and if the child has been a victim of conduct   prohibited under Chapter 20A, Penal Code, the court may extend the   court's jurisdiction over the child after the child's 18th birthday   until the earliest of:                (1)  the child's 21st birthday;                (2)  the date the child is granted lawful permanent   resident status;                (3)  the date an appeal of the denial of an application   for permanent residency based on a petition for special immigrant   status is denied; or                (4)  if an appeal described by Subdivision (3) is not   filed, the day after the last day to file an appeal of the denial of   an application for permanent residency based on a petition for   special immigrant status.          (b)  The court's jurisdiction under this section is limited   to issues relating to the child's special immigrant status.          SECTION 5.  Section 20A.02, Penal Code, is amended by   amending Subsection (b) and adding Subsections (b-1) and (b-2) to   read as follows:          (b)  An [Except as otherwise provided by this subsection, an]   offense under Subsection (a)(1), (2), (3), or (4) [this section] is   a felony of the second degree.  The minimum term of imprisonment   for that offense is increased to 10 years if the victim of the   offense is at least 18 years of age and younger than 21 years of age   at the time the offense is committed.          (b-1)  Notwithstanding Subsection (b), an offense under   Subsection (a)(1), (2), (3), or (4) is a felony of the first degree   if the commission of the offense results in the death of the person   who is trafficked.          (b-2)  An offense under [this section is a felony of the   first degree if:                [(1)     the applicable conduct constitutes an offense   under] Subsection (a)(5), (6), (7), or (8) is a felony of the first   degree, 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 6.  Section 2(a), Article 38.37, Code of Criminal   Procedure, is amended to read as follows:          (a)  Subsection (b) applies only to the trial of a defendant   for:                (1)  an offense under any of the following provisions   of the Penal Code:                      (A)  Section 20A.02(a)(7) or (8), if punishable as   a felony of the first degree under Section 20A.02(b-2)   [20A.02(b)(1)] (Sex Trafficking of a Child);                      (B)  Section 21.02 (Continuous Sexual Abuse of   Young Child or Children);                      (C)  Section 21.11 (Indecency With a Child);                      (D)  Section 22.011(a)(2) (Sexual Assault of a   Child);                      (E)  Sections 22.021(a)(1)(B) and (2) (Aggravated   Sexual Assault of a Child);                      (F)  Section 33.021 (Online Solicitation of a   Minor);                      (G)  Section 43.25 (Sexual Performance by a   Child); or                      (H)  Section 43.26 (Possession or Promotion of   Child Pornography)[, Penal Code]; or                (2)  an attempt or conspiracy to commit an offense   described by Subdivision (1).          SECTION 7.  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 8.  This Act takes effect September 1, 2017.