83R764 KCR-D
By: Thompson of Harris H.B. No. 91
A BILL TO BE ENTITLED
AN ACT
relating to the designation of a juvenile court and a
pre-adjudication diversion program for certain juveniles alleged
to have engaged in conduct that violates certain penal laws
regarding prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.04, Family Code, is amended by
amending Subsections (b) and (e) and adding Subsection (i) to read
as follows:
(b) In each county, the county's juvenile board shall
designate one or more district, criminal district, domestic
relations, juvenile, or county courts or county courts at law as the
juvenile court, subject to Subsections (c), [and] (d), and (i) [of
this section].
(e) A designation made under Subsection (b), [or] (c), or
(i) [of this section] may be changed from time to time by the
authorized boards or judges for the convenience of the people and
the welfare of children. However, there must be at all times a
juvenile court designated for each county. It is the intent of the
legislature that in selecting a court to be the juvenile court of
each county, the selection shall be made as far as practicable so
that the court designated as the juvenile court will be one which is
presided over by a judge who has a sympathetic understanding of the
problems of child welfare and that changes in the designation of
juvenile courts be made only when the best interest of the public
requires it.
(i) If the court designated as the juvenile court under
Subsection (b) does not have jurisdiction over proceedings under
Subtitle E, Title 5, the county's juvenile board shall designate at
least one other court that does have jurisdiction over proceedings
under Subtitle E, Title 5, as a juvenile court or alternative
juvenile court.
SECTION 2. Chapter 51, Family Code, is amended by adding
Section 51.0413 to read as follows:
Sec. 51.0413. JURISDICTION OVER AND TRANSFER OF COMBINATION
OF PROCEEDINGS. (a) A juvenile court designated under Section
51.04(b) or, if that court does not have jurisdiction over
proceedings under Subtitle E, Title 5, the juvenile court
designated under Section 51.04(i), may simultaneously exercise
jurisdiction over proceedings under this title and proceedings
under Subtitle E, Title 5, if there is probable cause to believe
that the child who is the subject of those proceedings engaged in
conduct that violates Section 43.02, Penal Code, because the child
was the victim of conduct that constitutes an offense under Section
20A.02, Penal Code.
(b) If a proceeding is instituted under this title in a
juvenile court designated under Section 51.04(b) that does not have
jurisdiction over proceedings under Subtitle E, Title 5, the court
shall transfer the proceedings to a court designated as a juvenile
court or alternative juvenile court under Section 51.04(i) if, in
the course of the proceedings, evidence is presented that
constitutes probable cause to believe that the child who is the
subject of those proceedings is a child whose conduct is described
by Subsection (a).
SECTION 3. Section 52.01, Family Code, is amended by adding
Subsection (f) to read as follows:
(f) Notwithstanding Subsection (c), a law enforcement
officer may not issue a warning to a child instead of taking the
child into custody as authorized by Subsection (a)(2) or (3) if the
officer has probable cause to believe that the child engaged in
conduct that violates Section 43.02, Penal Code, because the child
was the victim of conduct that constitutes an offense under Section
20A.02, Penal Code.
SECTION 4. Section 52.032, Family Code, is amended to read
as follows:
Sec. 52.032. INFORMAL DISPOSITION GUIDELINES. (a) The
juvenile board of each county, in cooperation with each law
enforcement agency in the county, shall adopt guidelines for the
disposition of a child under Section 52.03 or 52.031. The
guidelines adopted under this section shall not be considered
mandatory.
(b) The guidelines adopted under Subsection (a) may not
allow for the case of a child to be disposed of under Section 52.03
or 52.031 if there is probable cause to believe that the child
engaged in conduct that violates Section 43.02, Penal Code, because
the child was the victim of conduct that constitutes an offense
under Section 20A.02, Penal Code.
SECTION 5. Chapter 54, Family Code, is amended by adding
Section 54.0326 to read as follows:
Sec. 54.0326. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
CERTAIN CASES ON COMPLETION OF TRAFFICKED PERSONS COURT PROGRAM.
(a) This section applies only to a juvenile court exercising
simultaneous jurisdiction over proceedings under this title and
Subtitle E, Title 5, in the manner authorized by Section 51.0413.
(b) A juvenile court may defer adjudication proceedings
under Section 54.03 until the 30th day before the date of the
child's 17th birthday if the child:
(1) waives, under Section 51.09, the privilege against
self-incrimination and testifies under oath that the allegation
that the child engaged in conduct that violated Section 43.02,
Penal Code, is true; and
(2) presents to the court an oral or written request to
participate in the program established under Subsection (c).
(c) A juvenile board may establish a program under this
section for the assistance, treatment, and rehabilitation of
children who are alleged to have engaged in conduct that violates
Section 43.02, Penal Code, because the children were victims of
conduct that constitutes an offense under Section 20A.02, Penal
Code. A program established under this section must:
(1) integrate services available to a child pursuant
to proceedings under this title and Subtitle E, Title 5;
(2) focus on early identification of children who
have engaged in conduct that violates Section 43.02, Penal Code,
because the children were victims of conduct that constitutes an
offense under Section 20A.02, Penal Code, and prompt placement of
those children in the program; and
(3) require a child participating in the program to
periodically appear in court for monitoring and compliance
purposes.
(d) Following a child's completion of the program, the court
shall dismiss the case with prejudice at the time the child presents
satisfactory evidence that the child successfully completed a
program established under Subsection (c).
(e) A case dismissed under this section may not be part of
the child's records for any purpose.
SECTION 6. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is covered
by the law in effect at the time the conduct occurred, and the
former law is continued in effect for that purpose. For the
purposes of this section, conduct occurs before the effective date
of this Act if any element of the conduct occurred before that date.
SECTION 7. This Act takes effect September 1, 2013.