| 1 | 1 | | 87R1262 ADM-D |
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| 2 | 2 | | By: Crockett H.B. No. 1275 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition on prosecuting or referring to juvenile |
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| 8 | 8 | | court certain persons for certain conduct constituting the offense |
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| 9 | 9 | | of prostitution and to the provision of services to those persons. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. This Act may be cited as the Child Sex |
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| 12 | 12 | | Trafficking Victims Protections and Provisions Act. |
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| 13 | 13 | | SECTION 2. Section 51.03, Family Code, is amended by |
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| 14 | 14 | | amending Subsection (b) and adding Subsections (d) and (d-1) to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (b) Conduct indicating a need for supervision is: |
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| 17 | 17 | | (1) subject to Subsection (f), conduct, other than a |
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| 18 | 18 | | traffic offense, that violates: |
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| 19 | 19 | | (A) the penal laws of this state of the grade of |
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| 20 | 20 | | misdemeanor that are punishable by fine only; or |
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| 21 | 21 | | (B) the penal ordinances of any political |
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| 22 | 22 | | subdivision of this state; |
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| 23 | 23 | | (2) the voluntary absence of a child from the child's |
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| 24 | 24 | | home without the consent of the child's parent or guardian for a |
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| 25 | 25 | | substantial length of time or without intent to return; |
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| 26 | 26 | | (3) conduct prohibited by city ordinance or by state |
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| 27 | 27 | | law involving the inhalation of the fumes or vapors of paint and |
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| 28 | 28 | | other protective coatings or glue and other adhesives and the |
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| 29 | 29 | | volatile chemicals itemized in Section 485.001, Health and Safety |
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| 30 | 30 | | Code; |
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| 31 | 31 | | (4) an act that violates a school district's |
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| 32 | 32 | | previously communicated written standards of student conduct for |
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| 33 | 33 | | which the child has been expelled under Section 37.007(c), |
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| 34 | 34 | | Education Code; |
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| 35 | 35 | | (5) notwithstanding Subsection (a)(1), conduct |
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| 36 | 36 | | described by Section 43.02(b) [43.02(a) or (b)], Penal Code; or |
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| 37 | 37 | | (6) notwithstanding Subsection (a)(1), conduct that |
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| 38 | 38 | | violates Section 43.261, Penal Code. |
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| 39 | 39 | | (d) Notwithstanding Subsection (a)(1), conduct that |
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| 40 | 40 | | violates Section 43.02(a), Penal Code, is not delinquent conduct or |
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| 41 | 41 | | conduct indicating a need for supervision. A child may not be |
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| 42 | 42 | | referred to the juvenile court for conduct that violates Section |
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| 43 | 43 | | 43.02(a), Penal Code. |
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| 44 | 44 | | (d-1) A law enforcement officer taking possession of a child |
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| 45 | 45 | | who is suspected of engaging in conduct that violates Section |
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| 46 | 46 | | 43.02(a), Penal Code, may not arrest the child or refer the child to |
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| 47 | 47 | | juvenile court. The officer shall use best efforts to deliver the |
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| 48 | 48 | | child to the child's parent or to another person entitled to take |
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| 49 | 49 | | possession of the child. If the parent or other person is not |
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| 50 | 50 | | immediately available, the officer shall: |
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| 51 | 51 | | (1) contact a local service provider or care |
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| 52 | 52 | | coordinator who will, in consultation with the child sex |
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| 53 | 53 | | trafficking prevention unit established under Section 772.0062, |
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| 54 | 54 | | Government Code, and the governor's program for victims of child |
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| 55 | 55 | | sex trafficking established under Section 772.0063, Government |
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| 56 | 56 | | Code, facilitate the assignment of a caseworker for the child to |
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| 57 | 57 | | create a customized package of services to fit the child's |
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| 58 | 58 | | immediate and long-term rehabilitation and treatment needs, |
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| 59 | 59 | | including medical, psychiatric, psychological, safety, and housing |
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| 60 | 60 | | needs; or |
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| 61 | 61 | | (2) if a local service provider or care coordinator is |
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| 62 | 62 | | not available, transfer possession of the child to the Department |
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| 63 | 63 | | of Family and Protective Services in accordance with Section |
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| 64 | 64 | | 262.104. |
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| 65 | 65 | | SECTION 3. Section 43.02, Penal Code, is amended by adding |
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| 66 | 66 | | Subsection (b-1) to read as follows: |
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| 67 | 67 | | (b-1) A person may not be prosecuted for an offense under |
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| 68 | 68 | | Subsection (a) that the person committed when younger than 17 years |
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| 69 | 69 | | of age. |
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| 70 | 70 | | SECTION 4. This Act applies only to an offense committed or |
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| 71 | 71 | | conduct that occurs on or after the effective date of this Act. An |
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| 72 | 72 | | offense committed or conduct that occurs before the effective date |
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| 73 | 73 | | of this Act is governed by the law in effect on the date the offense |
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| 74 | 74 | | was committed or the conduct occurred, and the former law is |
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| 75 | 75 | | continued in effect for that purpose. For the purposes of this |
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| 76 | 76 | | section, an offense was committed or conduct occurred before the |
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| 77 | 77 | | effective date of this Act if any element of the offense or conduct |
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| 78 | 78 | | occurred before that date. |
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| 79 | 79 | | SECTION 5. This Act takes effect September 1, 2021. |
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