Texas 2013 - 83rd Regular

Texas Senate Bill SB92 Compare Versions

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1	1	By: Van de Putte, et al. S.B. No. 92
2	2	(Thompson of Harris)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the designation of a juvenile court and a program for
8	8	certain juveniles who may be the victims of human trafficking.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 51.04, Family Code, is amended by
11	11	amending Subsections (b) and (e) and adding Subsection (i) to read
12	12	as follows:
13	13	(b) In each county, the county's juvenile board shall
14	14	designate one or more district, criminal district, domestic
15	15	relations, juvenile, or county courts or county courts at law as the
16	16	juvenile court, subject to Subsections (c), [and] (d), and (i) [of
17	17	this section].
18	18	(e) A designation made under Subsection (b), [or] (c), or
19	19	(i) [of this section] may be changed from time to time by the
20	20	authorized boards or judges for the convenience of the people and
21	21	the welfare of children. However, there must be at all times a
22	22	juvenile court designated for each county. It is the intent of the
23	23	legislature that in selecting a court to be the juvenile court of
24	24	each county, the selection shall be made as far as practicable so
25	25	that the court designated as the juvenile court will be one which is
26	26	presided over by a judge who has a sympathetic understanding of the
27	27	problems of child welfare and that changes in the designation of
28	28	juvenile courts be made only when the best interest of the public
29	29	requires it.
30	30	(i) If the court designated as the juvenile court under
31	31	Subsection (b) does not have jurisdiction over proceedings under
32	32	Subtitle E, Title 5, the county's juvenile board may designate at
33	33	least one other court that does have jurisdiction over proceedings
34	34	under Subtitle E, Title 5, as a juvenile court or alternative
35	35	juvenile court.
36	36	SECTION 2. Chapter 51, Family Code, is amended by adding
37	37	Section 51.0413 to read as follows:
38	38	Sec. 51.0413. JURISDICTION OVER AND TRANSFER OF COMBINATION
39	39	OF PROCEEDINGS. (a) A juvenile court designated under Section
40	40	51.04(b) or, if that court does not have jurisdiction over
41	41	proceedings under Subtitle E, Title 5, the juvenile court
42	42	designated under Section 51.04(i) may simultaneously exercise
43	43	jurisdiction over proceedings under this title and proceedings
44	44	under Subtitle E, Title 5, if there is probable cause to believe
45	45	that the child who is the subject of those proceedings engaged in
46	46	delinquent conduct or conduct indicating a need for supervision and
47	47	cause to believe that the child may be the victim of conduct that
48	48	constitutes an offense under Section 20A.02, Penal Code.
49	49	(b) If a proceeding is instituted under this title in a
50	50	juvenile court designated under Section 51.04(b) that does not have
51	51	jurisdiction over proceedings under Subtitle E, Title 5, the court
52	52	shall assess the case and may transfer the proceedings to a court
53	53	designated as a juvenile court or alternative juvenile court under
54	54	Section 51.04(i) if the receiving court agrees and if, in the course
55	55	of the proceedings, evidence is presented that constitutes cause to
56	56	believe that the child who is the subject of those proceedings is a
57	57	child described by Subsection (a).
58	58	SECTION 3. Section 52.032, Family Code, is amended to read
59	59	as follows:
60	60	Sec. 52.032. INFORMAL DISPOSITION GUIDELINES. (a) The
61	61	juvenile board of each county, in cooperation with each law
62	62	enforcement agency in the county, shall adopt guidelines for the
63	63	disposition of a child under Section 52.03 or 52.031. The
64	64	guidelines adopted under this section shall not be considered
65	65	mandatory.
66	66	(b) The guidelines adopted under Subsection (a) may not
67	67	allow for the case of a child to be disposed of under Section 52.03
68	68	or 52.031 if there is probable cause to believe that the child
69	69	engaged in delinquent conduct or conduct indicating a need for
70	70	supervision and cause to believe that the child may be the victim of
71	71	conduct that constitutes an offense under Section 20A.02, Penal
72	72	Code.
73	73	SECTION 4. Chapter 54, Family Code, is amended by adding
74	74	Section 54.0326 to read as follows:
75	75	Sec. 54.0326. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
76	76	CERTAIN CASES ON COMPLETION OF TRAFFICKED PERSONS PROGRAM.
77	77	(a) This section applies to a juvenile court or to an alternative
78	78	juvenile court exercising simultaneous jurisdiction over
79	79	proceedings under this title and Subtitle E, Title 5, in the manner
80	80	authorized by Section 51.0413.
81	81	(b) A juvenile court may defer adjudication proceedings
82	82	under Section 54.03 until the child's 18th birthday and require a
83	83	child to participate in a program established under Section
84	84	152.0016, Human Resources Code, if the child:
85	85	(1) is alleged to have engaged in delinquent conduct
86	86	or conduct indicating a need for supervision and may be a victim of
87	87	conduct that constitutes an offense under Section 20A.02, Penal
88	88	Code; and
89	89	(2) presents to the court an oral or written request to
90	90	participate in the program.
91	91	(c) Following a child's completion of the program, the court
92	92	shall dismiss the case with prejudice at the time the child presents
93	93	satisfactory evidence that the child successfully completed the
94	94	program.
95	95	SECTION 5. Chapter 54, Family Code, is amended by adding
96	96	Section 54.04011 to read as follows:
97	97	Sec. 54.04011. TRAFFICKED PERSONS PROGRAM. (a) This
98	98	section applies to a juvenile court or to an alternative juvenile
99	99	court exercising simultaneous jurisdiction over proceedings under
100	100	this title and Subtitle E, Title 5, in the manner authorized by
101	101	Section 51.0413.
102	102	(b) A juvenile court may require a child adjudicated to have
103	103	engaged in delinquent conduct or conduct indicating a need for
104	104	supervision and who is believed to be a victim of conduct that
105	105	constitutes an offense under Section 20A.02, Penal Code, to
106	106	participate in a program established under Section 152.0016, Human
107	107	Resources Code.
108	108	(c) The court may require a child participating in the
109	109	program to periodically appear in court for monitoring and
110	110	compliance purposes.
111	111	(d) Following a child's successful completion of the
112	112	program, the court may order the sealing of the records of the case
113	113	in the manner provided by Sections 58.003(c-7) and (c-8).
114	114	SECTION 6. Section 58.003, Family Code, is amended by
115	115	adding Subsections (c-7) and (c-8) to read as follows:
116	116	(c-7) Notwithstanding Subsections (a) and (c) and subject
117	117	to Subsection (b), a juvenile court may order the sealing of records
118	118	concerning a child found to have engaged in delinquent conduct or
119	119	conduct indicating a need for supervision or taken into custody to
120	120	determine whether the child engaged in delinquent conduct or
121	121	conduct indicating a need for supervision if the child successfully
122	122	completed a trafficked persons program under Section 152.0016,
123	123	Human Resources Code. The court may:
124	124	(1) order the sealing of the records immediately and
125	125	without a hearing; or
126	126	(2) hold a hearing to determine whether to seal the
127	127	records.
128	128	(c-8) If the court orders the sealing of a child's records
129	129	under Subsection (c-7), a prosecuting attorney or juvenile
130	130	probation department may maintain until the child's 18th birthday a
131	131	separate record of the child's name and date of birth and the date
132	132	the child successfully completed the trafficked persons program.
133	133	The prosecuting attorney or juvenile probation department, as
134	134	applicable, shall send the record to the court as soon as
135	135	practicable after the child's 18th birthday to be added to the
136	136	child's other sealed records.
137	137	SECTION 7. Subchapter A, Chapter 152, Human Resources Code,
138	138	is amended by adding Section 152.0016 to read as follows:
139	139	Sec. 152.0016. TRAFFICKED PERSONS PROGRAM. (a) A juvenile
140	140	board may establish a trafficked persons program under this section
141	141	for the assistance, treatment, and rehabilitation of children who:
142	142	(1) are alleged to have engaged in or adjudicated as
143	143	having engaged in delinquent conduct or conduct indicating a need
144	144	for supervision; and
145	145	(2) may be victims of conduct that constitutes an
146	146	offense under Section 20A.02, Penal Code.
147	147	(b) A program established under this section must:
148	148	(1) if applicable, allow for the integration of
149	149	services available to a child pursuant to proceedings under Title
150	150	3, Family Code, and Subtitle E, Title 5, Family Code;
151	151	(2) if applicable, allow for the referral to a
152	152	facility that can address issues associated with human trafficking;
153	153	and
154	154	(3) require a child participating in the program to
155	155	periodically appear in court for monitoring and compliance
156	156	purposes.
157	157	SECTION 8. The changes in law made by this Act apply only to
158	158	conduct that occurs on or after the effective date of this Act.
159	159	Conduct that occurs before the effective date of this Act is covered
160	160	by the law in effect at the time the conduct occurred, and the
161	161	former law is continued in effect for that purpose. For the
162	162	purposes of this section, conduct occurs before the effective date
163	163	of this Act if any element of the conduct occurred before that date.
164	164	SECTION 9. This Act takes effect September 1, 2013.