| 1 | | - | By: Rose (Senate Sponsor - Blanco) H.B. No. 193 |
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| 2 | | - | (In the Senate - Received from the House April 27, 2021; |
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| 3 | | - | May 14, 2021, read first time and referred to Committee on |
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| 4 | | - | Jurisprudence; May 21, 2021, reported favorably by the following |
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| 5 | | - | vote: Yeas 5, Nays 0; May 21, 2021, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | By: Rose H.B. No. 193 |
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| 7 | 2 | | |
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| 8 | 3 | | |
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| 9 | 4 | | A BILL TO BE ENTITLED |
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| 10 | 5 | | AN ACT |
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| 11 | 6 | | relating to juvenile court records of victims of sex trafficking. |
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| 12 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 8 | | SECTION 1. Chapter 54, Family Code, is amended by adding |
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| 14 | 9 | | Section 54.12 to read as follows: |
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| 15 | 10 | | Sec. 54.12. TRAFFICKING VICTIM FINDING. (a) This section |
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| 16 | 11 | | applies to a child who was referred to a juvenile probation |
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| 17 | 12 | | department and whose records include conduct: |
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| 18 | 13 | | (1) that constitutes an offense under Section |
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| 19 | 14 | | 43.02(a), Penal Code; and |
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| 20 | 15 | | (2) for which the defense under Section 43.02(d), |
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| 21 | 16 | | Penal Code, applies. |
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| 22 | 17 | | (b) If applicable, the court shall enter a finding in the |
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| 23 | 18 | | case of a child to whom this section applies stating that the child |
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| 24 | 19 | | is a victim of trafficking. |
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| 25 | 20 | | SECTION 2. Subchapter C-1, Chapter 58, Family Code, is |
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| 26 | 21 | | amended by adding Section 58.2552 to read as follows: |
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| 27 | 22 | | Sec. 58.2552. SEALING RECORDS WITH OR WITHOUT APPLICATION: |
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| 28 | 23 | | TRAFFICKING VICTIM. (a) If a juvenile court enters a finding that a |
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| 29 | 24 | | child is a victim of trafficking under Section 54.12, the court, on |
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| 30 | 25 | | the court's own motion and without a hearing, shall immediately |
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| 31 | 26 | | order the sealing of all records of the child that are related to |
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| 32 | 27 | | the conduct described under that section. |
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| 33 | 28 | | (b) Notwithstanding Subsection (a), a child who is entitled |
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| 34 | 29 | | to have records sealed under that subsection may file an |
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| 35 | 30 | | application for the sealing of records related to the child's |
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| 36 | 31 | | applicable conduct in the juvenile court served by the juvenile |
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| 37 | 32 | | probation department to which the child was referred. The court may |
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| 38 | 33 | | not charge a fee for filing the application, regardless of the form |
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| 39 | 34 | | of the application. An application filed under this subsection |
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| 40 | 35 | | must include the information required under Section 58.256(b). |
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| 41 | 36 | | (c) On receipt of an application under Subsection (b), the |
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| 42 | 37 | | court shall immediately order the sealing of the child's records |
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| 43 | 38 | | related to the applicable conduct without a hearing. |
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| 44 | 39 | | SECTION 3. This Act applies to juvenile court records |
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| 45 | 40 | | created before, on, or after the effective date of this Act. |
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| 46 | 41 | | SECTION 4. This Act takes effect September 1, 2021. |
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