Texas 2023 - 88th Regular

Texas House Bill HB1059 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4481 MCF-D
2	2	By: Thierry H.B. No. 1059
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on prosecuting or referring to juvenile
8	8	court certain persons for certain conduct constituting the offense
9	9	of prostitution, to the provision of services to those persons, and
10	10	to the prosecution of related criminal offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Child Sex
13	13	Trafficking Victims Protections and Provisions Act.
14	14	SECTION 2. Section 51.03, Family Code, is amended by
15	15	amending Subsection (b) and adding Subsections (d) and (d-1) to
16	16	read as follows:
17	17	(b) Conduct indicating a need for supervision is:
18	18	(1) subject to Subsection (f), conduct, other than a
19	19	traffic offense, that violates:
20	20	(A) the penal laws of this state of the grade of
21	21	misdemeanor that are punishable by fine only; or
22	22	(B) the penal ordinances of any political
23	23	subdivision of this state;
24	24	(2) the voluntary absence of a child from the child's
25	25	home without the consent of the child's parent or guardian for a
26	26	substantial length of time or without intent to return;
27	27	(3) conduct prohibited by city ordinance or by state
28	28	law involving the inhalation of the fumes or vapors of paint and
29	29	other protective coatings or glue and other adhesives and the
30	30	volatile chemicals itemized in Section 485.001, Health and Safety
31	31	Code;
32	32	(4) an act that violates a school district's
33	33	previously communicated written standards of student conduct for
34	34	which the child has been expelled under Section 37.007(c),
35	35	Education Code;
36	36	(5) notwithstanding Subsection (a)(1), conduct
37	37	described by Section [43.02 or] 43.021, Penal Code;
38	38	(6) notwithstanding Subsection (a)(1), conduct that
39	39	violates Section 43.261, Penal Code; or
40	40	(7) notwithstanding Subsection (a)(1), conduct that
41	41	violates Section 42.0601, Penal Code, if the child has not
42	42	previously been adjudicated as having engaged in conduct violating
43	43	that section.
44	44	(d) Notwithstanding Subsection (a)(1), conduct that
45	45	violates Section 43.02, Penal Code, is not delinquent conduct or
46	46	conduct indicating a need for supervision. A child may not be
47	47	referred to the juvenile court for conduct that violates Section
48	48	43.02, Penal Code.
49	49	(d-1) A law enforcement officer who suspects that a child
50	50	may be a victim of an offense under Chapter 20A, Penal Code, or may
51	51	have engaged in conduct that violates Section 43.02, Penal Code,
52	52	shall take possession of the child in accordance with Section
53	53	262.104. The officer shall, as soon as possible, transfer
54	54	possession of the child to the Department of Family and Protective
55	55	Services. The Department of Family and Protective Services shall,
56	56	on taking possession of the child, contact a local service provider
57	57	or care coordinator who will, in consultation with the child sex
58	58	trafficking prevention unit established under Section 772.0062,
59	59	Government Code, and the governor's program for victims of child
60	60	sex trafficking established under Section 772.0063, Government
61	61	Code, facilitate the assignment of a caseworker for the child to
62	62	create a customized package of services to fit the child's
63	63	immediate and long-term rehabilitation and treatment needs,
64	64	including medical, psychiatric, psychological, safety, and housing
65	65	needs.
66	66	SECTION 3. Chapter 20A, Penal Code, is amended by adding
67	67	Section 20A.05 to read as follows:
68	68	Sec. 20A.05. DEFENSE EXCLUDED. It is not a defense to
69	69	prosecution under this chapter that the person trafficked by the
70	70	actor was forced to engage in conduct:
71	71	(1) prohibited by Section 43.02; and
72	72	(2) for which the person may not be prosecuted as
73	73	provided by Section 43.02(b).
74	74	SECTION 4. Section 43.02, Penal Code, is amended by adding
75	75	Subsection (b) to read as follows:
76	76	(b) A person may not be prosecuted for an offense under this
77	77	section that the person committed when younger than 17 years of age.
78	78	SECTION 5. Subchapter A, Chapter 43, Penal Code, is amended
79	79	by adding Section 43.07 to read as follows:
80	80	Sec. 43.07. DEFENSE EXCLUDED. It is not a defense to
81	81	prosecution under Section 43.021, 43.03, 43.031, 43.04, 43.041, or
82	82	43.05 that the person who engaged in conduct prohibited by Section
83	83	43.02 may not be prosecuted for that conduct as provided by Section
84	84	43.02(b).
85	85	SECTION 6. The change in law made by this Act applies only
86	86	to an offense committed or conduct that occurs on or after the
87	87	effective date of this Act. An offense committed or conduct that
88	88	occurs before the effective date of this Act is governed by the law
89	89	in effect on the date the offense was committed or the conduct
90	90	occurred, and the former law is continued in effect for that
91	91	purpose. For purposes of this section, an offense was committed or
92	92	conduct occurred before the effective date of this Act if any
93	93	element of the offense or conduct occurred before that date.
94	94	SECTION 7. This Act takes effect September 1, 2023.