Texas 2017 - 85th Regular

Texas Senate Bill SB1706 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R13725 MCK-F
2	2	By: Taylor of Collin S.B. No. 1706
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to forcing or coercing a child to enter into a marriage.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 71.004, Family Code, is amended to read
10	10	as follows:
11	11	Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:
12	12	(1) an act by a member of a family or household against
13	13	another member of the family or household that is intended to result
14	14	in physical harm, bodily injury, assault, or sexual assault or that
15	15	is a threat that reasonably places the member in fear of imminent
16	16	physical harm, bodily injury, assault, or sexual assault, but does
17	17	not include defensive measures to protect oneself;
18	18	(2) abuse, as that term is defined by Sections
19	19	261.001(1)(C), (E), (G), (H), (I), (J), [and] (K), and (M), by a
20	20	member of a family or household toward a child of the family or
21	21	household; or
22	22	(3) dating violence, as that term is defined by
23	23	Section 71.0021.
24	24	SECTION 2. Section 261.001(1), Family Code, is amended to
25	25	read as follows:
26	26	(1) "Abuse" includes the following acts or omissions
27	27	by a person:
28	28	(A) mental or emotional injury to a child that
29	29	results in an observable and material impairment in the child's
30	30	growth, development, or psychological functioning;
31	31	(B) causing or permitting the child to be in a
32	32	situation in which the child sustains a mental or emotional injury
33	33	that results in an observable and material impairment in the
34	34	child's growth, development, or psychological functioning;
35	35	(C) physical injury that results in substantial
36	36	harm to the child, or the genuine threat of substantial harm from
37	37	physical injury to the child, including an injury that is at
38	38	variance with the history or explanation given and excluding an
39	39	accident or reasonable discipline by a parent, guardian, or
40	40	managing or possessory conservator that does not expose the child
41	41	to a substantial risk of harm;
42	42	(D) failure to make a reasonable effort to
43	43	prevent an action by another person that results in physical injury
44	44	that results in substantial harm to the child;
45	45	(E) sexual conduct harmful to a child's mental,
46	46	emotional, or physical welfare, including conduct that constitutes
47	47	the offense of continuous sexual abuse of young child or children
48	48	under Section 21.02, Penal Code, indecency with a child under
49	49	Section 21.11, Penal Code, sexual assault under Section 22.011,
50	50	Penal Code, or aggravated sexual assault under Section 22.021,
51	51	Penal Code;
52	52	(F) failure to make a reasonable effort to
53	53	prevent sexual conduct harmful to a child;
54	54	(G) compelling or encouraging the child to engage
55	55	in sexual conduct as defined by Section 43.01, Penal Code,
56	56	including compelling or encouraging the child in a manner that
57	57	constitutes an offense of trafficking of persons under Section
58	58	20A.02(a)(7) or (8), Penal Code, prostitution under Section
59	59	43.02(b), Penal Code, or compelling prostitution under Section
60	60	43.05(a)(2), Penal Code;
61	61	(H) causing, permitting, encouraging, engaging
62	62	in, or allowing the photographing, filming, or depicting of the
63	63	child if the person knew or should have known that the resulting
64	64	photograph, film, or depiction of the child is obscene as defined by
65	65	Section 43.21, Penal Code, or pornographic;
66	66	(I) the current use by a person of a controlled
67	67	substance as defined by Chapter 481, Health and Safety Code, in a
68	68	manner or to the extent that the use results in physical, mental, or
69	69	emotional injury to a child;
70	70	(J) causing, expressly permitting, or
71	71	encouraging a child to use a controlled substance as defined by
72	72	Chapter 481, Health and Safety Code;
73	73	(K) causing, permitting, encouraging, engaging
74	74	in, or allowing a sexual performance by a child as defined by
75	75	Section 43.25, Penal Code; [or]
76	76	(L) knowingly causing, permitting, encouraging,
77	77	engaging in, or allowing a child to be trafficked in a manner
78	78	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
79	79	(8), Penal Code, or the failure to make a reasonable effort to
80	80	prevent a child from being trafficked in a manner punishable as an
81	81	offense under any of those sections; or
82	82	(M) forcing or coercing a child to enter into a
83	83	marriage.
84	84	SECTION 3. Subchapter D, Chapter 261, Family Code, is
85	85	amended by adding Section 261.318 to read as follows:
86	86	Sec. 261.318. INVESTIGATION OF PENDING FORCED OR COERCED
87	87	MARRIAGE. The department shall make a prompt and thorough
88	88	investigation of a report of a child being forced or coerced into
89	89	entering a marriage. The department may remove the child from the
90	90	child's home and place the child in substitute care as provided by
91	91	this subtitle if the department determines that removal and
92	92	substitute care are in the best interest of the child and necessary
93	93	to prevent the pending forced or coerced marriage.
94	94	SECTION 4. This Act takes effect September 1, 2017.