By: Van de Putte, Paxton S.B. No. 92
(In the Senate - Filed November 12, 2012; January 28, 2013,
read first time and referred to Committee on Jurisprudence;
April 2, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 2, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 92 By: Paxton
A BILL TO BE ENTITLED
AN ACT
relating to the designation of a juvenile court and a program for
certain juveniles who may be the victims of human trafficking.
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 may 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
delinquent conduct or conduct indicating a need for supervision and
cause to believe that the child may be 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 assess the case and may transfer the proceedings to a court
designated as a juvenile court or alternative juvenile court under
Section 51.04(i) if the receiving court agrees and if, in the course
of the proceedings, evidence is presented that constitutes cause to
believe that the child who is the subject of those proceedings is a
child described by Subsection (a).
SECTION 3. 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 delinquent conduct or conduct indicating a need for
supervision and cause to believe that the child may be the victim of
conduct that constitutes an offense under Section 20A.02, Penal
Code.
SECTION 4. 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 PROGRAM.
(a) This section applies to a juvenile court or to an alternative
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 child's 18th birthday and require a
child to participate in a program established under Section
152.0016, Human Resources Code, if the child:
(1) is alleged to have engaged in delinquent conduct
or conduct indicating a need for supervision and may be a victim of
conduct that constitutes an offense under Section 20A.02, Penal
Code; and
(2) presents to the court an oral or written request to
participate in the program.
(c) 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 the
program.
SECTION 5. Chapter 54, Family Code, is amended by adding
Section 54.04011 to read as follows:
Sec. 54.04011. TRAFFICKED PERSONS PROGRAM. (a) This
section applies to a juvenile court or to an alternative 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 require a child adjudicated to have
engaged in delinquent conduct or conduct indicating a need for
supervision and who is believed to be a victim of conduct that
constitutes an offense under Section 20A.02, Penal Code, to
participate in a program established under Section 152.0016, Human
Resources Code.
(c) The court may require a child participating in the
program to periodically appear in court for monitoring and
compliance purposes.
(d) Following a child's successful completion of the
program, the court may order the sealing of the records of the case
in the manner provided by Sections 58.003(c-7) and (c-8).
SECTION 6. Section 58.003, Family Code, is amended by
adding Subsections (c-7) and (c-8) to read as follows:
(c-7) Notwithstanding Subsections (a) and (c) and subject
to Subsection (b), a juvenile court may order the sealing of records
concerning a child found to have engaged in delinquent conduct or
conduct indicating a need for supervision or taken into custody to
determine whether the child engaged in delinquent conduct or
conduct indicating a need for supervision if the child successfully
completed a trafficked persons program under Section 152.0016,
Human Resources Code. The court may:
(1) order the sealing of the records immediately and
without a hearing; or
(2) hold a hearing to determine whether to seal the
records.
(c-8) If the court orders the sealing of a child's records
under Subsection (c-7), a prosecuting attorney or juvenile
probation department may maintain until the child's 18th birthday a
separate record of the child's name and date of birth and the date
the child successfully completed the trafficked persons program.
The prosecuting attorney or juvenile probation department, as
applicable, shall send the record to the court as soon as
practicable after the child's 18th birthday to be added to the
child's other sealed records.
SECTION 7. Subchapter A, Chapter 152, Human Resources Code,
is amended by adding Section 152.0016 to read as follows:
Sec. 152.0016. TRAFFICKED PERSONS PROGRAM. (a) A juvenile
board may establish a trafficked persons program under this section
for the assistance, treatment, and rehabilitation of children who:
(1) are alleged to have engaged in or adjudicated as
having engaged in delinquent conduct or conduct indicating a need
for supervision; and
(2) may be victims of conduct that constitutes an
offense under Section 20A.02, Penal Code.
(b) A program established under this section must:
(1) if applicable, allow for the integration of
services available to a child pursuant to proceedings under Title
3, Family Code, and Subtitle E, Title 5, Family Code;
(2) if applicable, allow for the referral to a
facility that can address issues associated with human trafficking;
and
(3) require a child participating in the program to
periodically appear in court for monitoring and compliance
purposes.
SECTION 8. 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 9. This Act takes effect September 1, 2013.
* * * * *