Texas 2021 - 87th Regular

Texas House Bill HB162 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R14479 ADM-D
2	2		By: Thierry, Leach, Moody, Shaheen, Sanford, H.B. No. 162
3	3		et al.
	4	+	Substitute the following for H.B. No. 162:
	5	+	By: Ramos C.S.H.B. No. 162
4	6
5	7
6	8		A BILL TO BE ENTITLED
7	9		AN ACT
8	10		relating to a prohibition on prosecuting or referring to juvenile
9	11		court certain persons for certain conduct constituting the offense
10	12		of prostitution, to the provision of services to those persons, and
11	13		to the prosecution of related criminal offenses.
12	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	15		SECTION 1. This Act may be cited as the Child Sex
14	16		Trafficking Victims Protections and Provisions Act.
15	17		SECTION 2. Section 51.03, Family Code, is amended by
16	18		amending Subsection (b) and adding Subsections (d) and (d-1) to
17	19		read as follows:
18	20		(b) Conduct indicating a need for supervision is:
19	21		(1) subject to Subsection (f), conduct, other than a
20	22		traffic offense, that violates:
21	23		(A) the penal laws of this state of the grade of
22	24		misdemeanor that are punishable by fine only; or
23	25		(B) the penal ordinances of any political
24	26		subdivision of this state;
25	27		(2) the voluntary absence of a child from the child's
26	28		home without the consent of the child's parent or guardian for a
27	29		substantial length of time or without intent to return;
28	30		(3) conduct prohibited by city ordinance or by state
29	31		law involving the inhalation of the fumes or vapors of paint and
30	32		other protective coatings or glue and other adhesives and the
31	33		volatile chemicals itemized in Section 485.001, Health and Safety
32	34		Code;
33	35		(4) an act that violates a school district's
34	36		previously communicated written standards of student conduct for
35	37		which the child has been expelled under Section 37.007(c),
36	38		Education Code;
37	39		(5) notwithstanding Subsection (a)(1), conduct
38	40		described by Section 43.02(b) [43.02(a) or (b)], Penal Code; or
39	41		(6) notwithstanding Subsection (a)(1), conduct that
40	42		violates Section 43.261, Penal Code.
41	43		(d) Notwithstanding Subsection (a)(1), conduct that
42	44		violates Section 43.02(a), Penal Code, is not delinquent conduct or
43	45		conduct indicating a need for supervision. A child may not be
44	46		referred to the juvenile court for conduct that violates Section
45	47		43.02(a), Penal Code.
46	48		(d-1) A law enforcement officer who suspects that a child
47	49		may be a victim of an offense under Chapter 20A, Penal Code, or may
48	50		have engaged in conduct that violates Section 43.02(a), Penal Code,
49	51		shall take possession of the child in accordance with Section
50	52		262.104. The officer shall, as soon as possible, transfer
51	53		possession of the child to the Department of Family and Protective
52	54		Services. The Department of Family and Protective Services shall,
53	55		on taking possession of the child, contact a local service provider
54	56		or care coordinator who will, in consultation with the child sex
55	57		trafficking prevention unit established under Section 772.0062,
56	58		Government Code, and the governor's program for victims of child
57	59		sex trafficking established under Section 772.0063, Government
58	60		Code, facilitate the assignment of a caseworker for the child to
59	61		create a customized package of services to fit the child's
60	62		immediate and long-term rehabilitation and treatment needs,
61	63		including medical, psychiatric, psychological, safety, and housing
62	64		needs.
63	65		SECTION 3. Chapter 20A, Penal Code, is amended by adding
64	66		Section 20A.05 to read as follows:
65	67		Sec. 20A.05. DEFENSE EXCLUDED. It is not a defense to
66	68		prosecution under this chapter that the person trafficked by the
67	69		actor was forced to engage in conduct:
68	70		(1) prohibited by Section 43.02(a); and
69	71		(2) for which the person may not be prosecuted as
70	72		provided by Section 43.02(b-1).
71	73		SECTION 4. Section 43.02, Penal Code, is amended by adding
72	74		Subsection (b-1) to read as follows:
73	75		(b-1) A person may not be prosecuted for an offense under
74	76		Subsection (a) that the person committed when younger than 17 years
75	77		of age.
76	78		SECTION 5. Subchapter A, Chapter 43, Penal Code, is amended
77	79		by adding Section 43.07 to read as follows:
78	80		Sec. 43.07. DEFENSE EXCLUDED. It is not a defense to
79	81		prosecution under Section 43.03, 43.031, 43.04, 43.041, or 43.05
80	82		that the person who engaged in conduct prohibited by Section
81	83		43.02(a) may not be prosecuted for that conduct as provided by
82	84		Section 43.02(b-1).
83	85		SECTION 6. This Act applies only to an offense committed or
84	86		conduct that occurs on or after the effective date of this Act. An
85	87		offense committed or conduct that occurs before the effective date
86	88		of this Act is governed by the law in effect on the date the offense
87	89		was committed or the conduct occurred, and the former law is
88	90		continued in effect for that purpose. For the purposes of this
89	91		section, an offense was committed or conduct occurred before the
90	92		effective date of this Act if any element of the offense or conduct
91	93		occurred before that date.
92	94		SECTION 7. This Act takes effect September 1, 2021.