Texas 2019 - 86th Regular

Texas House Bill HB1771 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1771
	1	+	By: Thierry, et al. (Senate Sponsor - Huffman) H.B. No. 1771
	2	+	(In the Senate - Received from the House May 13, 2019;
	3	+	May 13, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 19, 2019, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 19, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to a prohibition on prosecuting or referring to juvenile
6	12		court certain persons for certain conduct constituting the offense
7	13		of prostitution and to the provision of services to those persons.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. This Act may be cited as the Child Sex
10	16		Trafficking Victims Protections and Provisions Act.
11	17		SECTION 2. Section 51.03, Family Code, is amended by
12	18		amending Subsection (b) and adding Subsections (d) and (d-1) to
13	19		read as follows:
14	20		(b) Conduct indicating a need for supervision is:
15	21		(1) subject to Subsection (f), conduct, other than a
16	22		traffic offense, that violates:
17	23		(A) the penal laws of this state of the grade of
18	24		misdemeanor that are punishable by fine only; or
19	25		(B) the penal ordinances of any political
20	26		subdivision of this state;
21	27		(2) the voluntary absence of a child from the child's
22	28		home without the consent of the child's parent or guardian for a
23	29		substantial length of time or without intent to return;
24	30		(3) conduct prohibited by city ordinance or by state
25	31		law involving the inhalation of the fumes or vapors of paint and
26	32		other protective coatings or glue and other adhesives and the
27	33		volatile chemicals itemized in Section 485.001, Health and Safety
28	34		Code;
29	35		(4) an act that violates a school district's
30	36		previously communicated written standards of student conduct for
31	37		which the child has been expelled under Section 37.007(c),
32	38		Education Code;
33	39		(5) notwithstanding Subsection (a)(1), conduct
34	40		described by Section 43.02(b) [43.02(a) or (b)], Penal Code; or
35	41		(6) notwithstanding Subsection (a)(1), conduct that
36	42		violates Section 43.261, Penal Code.
37	43		(d) Notwithstanding Subsection (a)(1), conduct that
38	44		violates Section 43.02(a), Penal Code, is not delinquent conduct or
39	45		conduct indicating a need for supervision. A child may not be
40	46		referred to the juvenile court for conduct that violates Section
41	47		43.02(a), Penal Code.
42	48		(d-1) A law enforcement officer taking possession of a child
43	49		who is suspected of engaging in conduct that violates Section
44	50		43.02(a), Penal Code, may not arrest the child or refer the child to
45	51		juvenile court. The officer shall use best efforts to deliver the
46	52		child to the child's parent or to another person entitled to take
47	53		possession of the child. If the parent or other person is not
48	54		immediately available, the officer shall:
49	55		(1) contact a local service provider or care
50	56		coordinator who will, in consultation with the child sex
51	57		trafficking prevention unit established under Section 772.0062,
52	58		Government Code, and the governor's program for victims of child
53	59		sex trafficking established under Section 772.0063, Government
54	60		Code, facilitate the assignment of a caseworker for the child to
55	61		create a customized package of services to fit the child's
56	62		immediate and long-term rehabilitation and treatment needs,
57	63		including medical, psychiatric, psychological, safety, and housing
58	64		needs; or
59	65		(2) if a local service provider or care coordinator is
60	66		not available, transfer possession of the child to the Department
61	67		of Family and Protective Services in accordance with Section
62	68		262.104.
63	69		SECTION 3. Section 43.02, Penal Code, is amended by adding
64	70		Subsection (b-1) to read as follows:
65	71		(b-1) A person may not be prosecuted for an offense under
66	72		Subsection (a) that the person committed when younger than 17 years
67	73		of age.
68	74		SECTION 4. This Act applies only to an offense committed or
69	75		conduct that occurs on or after the effective date of this Act. An
70	76		offense committed or conduct that occurs before the effective date
71	77		of this Act is governed by the law in effect on the date the offense
72	78		was committed or the conduct occurred, and the former law is
73	79		continued in effect for that purpose. For the purposes of this
74	80		section, an offense was committed or conduct occurred before the
75	81		effective date of this Act if any element of the offense or conduct
76	82		occurred before that date.
77	83		SECTION 5. This Act takes effect September 1, 2019.
78		-	______________________________ ______________________________
79		-	President of the Senate Speaker of the House
80		-	I certify that H.B. No. 1771 was passed by the House on May
81		-	10, 2019, by the following vote: Yeas 132, Nays 0, 1 present, not
82		-	voting.
83		-	______________________________
84		-	Chief Clerk of the House
85		-	I certify that H.B. No. 1771 was passed by the Senate on May
86		-	22, 2019, by the following vote: Yeas 31, Nays 0.
87		-	______________________________
88		-	Secretary of the Senate
89		-	APPROVED: _____________________
90		-	Date
91		-	_____________________
92		-	Governor
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