H.B. No. 1771
AN ACT
relating to a prohibition on prosecuting or referring to juvenile
court certain persons for certain conduct constituting the offense
of prostitution and to the provision of services to those persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Child Sex
Trafficking Victims Protections and Provisions Act.
SECTION 2. Section 51.03, Family Code, is amended by
amending Subsection (b) and adding Subsections (d) and (d-1) to
read as follows:
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(3) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(4) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code;
(5) notwithstanding Subsection (a)(1), conduct
described by Section 43.02(b) [43.02(a) or (b)], Penal Code; or
(6) notwithstanding Subsection (a)(1), conduct that
violates Section 43.261, Penal Code.
(d) Notwithstanding Subsection (a)(1), conduct that
violates Section 43.02(a), Penal Code, is not delinquent conduct or
conduct indicating a need for supervision. A child may not be
referred to the juvenile court for conduct that violates Section
43.02(a), Penal Code.
(d-1) A law enforcement officer taking possession of a child
who is suspected of engaging in conduct that violates Section
43.02(a), Penal Code, may not arrest the child or refer the child to
juvenile court. The officer shall use best efforts to deliver the
child to the child's parent or to another person entitled to take
possession of the child. If the parent or other person is not
immediately available, the officer shall:
(1) contact a local service provider or care
coordinator who will, in consultation with the child sex
trafficking prevention unit established under Section 772.0062,
Government Code, and the governor's program for victims of child
sex trafficking established under Section 772.0063, Government
Code, facilitate the assignment of a caseworker for the child to
create a customized package of services to fit the child's
immediate and long-term rehabilitation and treatment needs,
including medical, psychiatric, psychological, safety, and housing
needs; or
(2) if a local service provider or care coordinator is
not available, transfer possession of the child to the Department
of Family and Protective Services in accordance with Section
262.104.
SECTION 3. Section 43.02, Penal Code, is amended by adding
Subsection (b-1) to read as follows:
(b-1) A person may not be prosecuted for an offense under
Subsection (a) that the person committed when younger than 17 years
of age.
SECTION 4. This Act applies only to an offense committed or
conduct that occurs on or after the effective date of this Act. An
offense committed or conduct that occurs before the effective date
of this Act is governed by the law in effect on the date the offense
was committed or the conduct occurred, and the former law is
continued in effect for that purpose. For the purposes of this
section, an offense was committed or conduct occurred before the
effective date of this Act if any element of the offense or conduct
occurred before that date.
SECTION 5. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1771 was passed by the House on May
10, 2019, by the following vote: Yeas 132, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1771 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor