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  • Writer's pictureBrian Foley

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.305

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.305

Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.305

When it comes to legal matters, especially those as sensitive and complex as human trafficking cases, it's crucial to have the right legal guidance. In Houston, where criminal cases can be particularly challenging, a trusted Houston Criminal Defense Attorney can make all the difference. In this blog post, we'll discuss the reporting requirements for human trafficking cases in Houston and how a knowledgeable attorney can assist in navigating this intricate area of law.


Understanding the Reporting Requirements

In the state of Texas, Article 2.305 of the Code of Criminal Procedure outlines specific reporting requirements for law enforcement agencies and prosecuting attorneys. This article applies to various law enforcement entities in counties with a population exceeding 50,000, including Houston, as well as the Department of Public Safety.


What Information Needs to Be Reported?


When investigating offenses related to human trafficking under Chapters 20A and 43 of the Penal Code, these entities must submit a detailed report to the attorney general. This report should include essential information, such as:

  1. Description of the Offense: A concise overview of the alleged criminal activity.

  2. Details about Suspects and Victims: This includes age, gender, race or ethnicity, along with case numbers.

  3. Date, Time, and Location: When and where the alleged offense took place.

  4. Type of Human Trafficking Involved: This can range from forced labor or services to sexual exploitation of victims, including minors.

  5. Involvement of Victim Services: Any information regarding victim support organizations or programs involved in the case.

  6. Investigation Outcome: Whether the investigation resulted in any charges or not, this information must be reported.

The Role of a Houston Criminal Defense Attorney

Navigating the legal landscape of human trafficking cases in Houston can be daunting. This is where a Houston Criminal Defense Attorney with expertise in this area can be an invaluable asset. These attorneys are well-versed in the nuances of human trafficking laws and can provide crucial assistance to both law enforcement and prosecuting attorneys.


Key Benefits of Hiring a Houston Criminal Defense Attorney:

  1. Legal Expertise: A seasoned attorney will have a deep understanding of human trafficking laws in Houston and can offer guidance on how to best approach these cases.

  2. Compliance with Reporting Requirements: Your attorney can ensure that all necessary information is accurately reported to the attorney general, helping you avoid legal pitfalls.

  3. Case Evaluation: Attorneys can evaluate the strength of the case, helping law enforcement and prosecuting attorneys make informed decisions.

  4. Legal Defense: For those facing charges related to human trafficking, a skilled defense attorney can provide a strong defense strategy and protect your rights.

Conclusion

Human trafficking cases demand a comprehensive understanding of the law and careful attention to reporting requirements. If you're involved in such a case in Houston, it's essential to consult with an experienced Houston Criminal Defense Attorney who can guide you through the legal process, ensuring that all necessary information is reported accurately and that your rights are protected. When it comes to complex legal matters like these, having a trusted attorney by your side can make a world of difference.


Art. 2.305. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. (a) This article applies only to: (1) a municipal police department, sheriff's department, constable's office, county attorney's office, district attorney's office, and criminal district attorney's office, as applicable, in a county with a population of more than 50,000; and (2) the Department of Public Safety. (b) An entity described by Subsection (a) that investigates the alleged commission of an offense under Chapter 20A, Penal Code, or the alleged commission of an offense under Chapter 43, Penal Code, which may involve human trafficking, shall submit to the attorney general a report in the manner and form prescribed by the attorney general containing the following information: (1) the offense being investigated, including a brief description of the alleged prohibited conduct; (2) regarding each person suspected of committing the offense and each victim of the offense: (A) the person's: (i) age; (ii) gender; and (iii) race or ethnicity, as defined by Article 2.132; and (B) the case number associated with the offense and the person suspected of committing the offense; (3) the date, time, and location of the alleged offense; (4) the type of human trafficking involved, including: (A) forced labor or services, as defined by Section 20A.01, Penal Code; (B) causing the victim by force, fraud, or coercion to engage in prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(3), Penal Code; or (C) causing a child victim by any means to engage in, or become the victim of, prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(7), Penal Code; (5) if available, information regarding any victims' service organization or program to which the victim was referred as part of the investigation; and (6) the disposition of the investigation, if any, regardless of the manner of disposition. (c) An attorney representing the state who prosecutes the alleged commission of an offense under Chapter 20A, Penal Code, or the alleged commission of an offense under Chapter 43, Penal Code, which may involve human trafficking, shall submit to the attorney general the following information: (1) the offense being prosecuted, including a brief description of the alleged prohibited conduct; (2) any other charged offense that is part of the same criminal episode out of which the offense described by Subdivision (1) arose; (3) the information described by Subsections (b)(2), (3), (4), and (5); and (4) the disposition of the prosecution, regardless of the manner of disposition. (d) The attorney general may enter into a contract with a university that provides for the university's assistance in the collection and analysis of information received under this article. (e) In consultation with the entities described by Subsection (a), the attorney general shall adopt rules to administer this article, including rules prescribing: (1) the form and manner of submission of a report required by Subsection (b) or (c); and (2) additional information to include in a report required by Subsection (b) or (c). Added by Acts 2019, 86th Leg., R.S., Ch. 1303 (H.B. 3800), Sec. 1, eff. September 1, 2019. Amended by: Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 1, eff. September 1, 2021.

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