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