Bill Text: TX HB1275 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a prohibition on prosecuting or referring to juvenile court certain persons for certain conduct constituting the offense of prostitution and to the provision of services to those persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-04 - Referred to Juvenile Justice & Family Issues [HB1275 Detail]
Download: Texas-2021-HB1275-Introduced.html
| 87R1262 ADM-D | ||
| By: Crockett | H.B. No. 1275 | |
|
|
||
|
|
||
| relating to a prohibition on prosecuting or referring to juvenile | ||
| court certain persons for certain conduct constituting the offense | ||
| of prostitution and to the provision of services to those persons. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Child Sex | ||
| Trafficking Victims Protections and Provisions Act. | ||
| SECTION 2. Section 51.03, Family Code, is amended by | ||
| amending Subsection (b) and adding Subsections (d) and (d-1) to | ||
| read as follows: | ||
| (b) Conduct indicating a need for supervision is: | ||
| (1) subject to Subsection (f), conduct, other than a | ||
| traffic offense, that violates: | ||
| (A) the penal laws of this state of the grade of | ||
| misdemeanor that are punishable by fine only; or | ||
| (B) the penal ordinances of any political | ||
| subdivision of this state; | ||
| (2) the voluntary absence of a child from the child's | ||
| home without the consent of the child's parent or guardian for a | ||
| substantial length of time or without intent to return; | ||
| (3) conduct prohibited by city ordinance or by state | ||
| law involving the inhalation of the fumes or vapors of paint and | ||
| other protective coatings or glue and other adhesives and the | ||
| volatile chemicals itemized in Section 485.001, Health and Safety | ||
| Code; | ||
| (4) an act that violates a school district's | ||
| previously communicated written standards of student conduct for | ||
| which the child has been expelled under Section 37.007(c), | ||
| Education Code; | ||
| (5) notwithstanding Subsection (a)(1), conduct | ||
| described by Section 43.02(b) [ |
||
| (6) notwithstanding Subsection (a)(1), conduct that | ||
| violates Section 43.261, Penal Code. | ||
| (d) Notwithstanding Subsection (a)(1), conduct that | ||
| violates Section 43.02(a), Penal Code, is not delinquent conduct or | ||
| conduct indicating a need for supervision. A child may not be | ||
| referred to the juvenile court for conduct that violates Section | ||
| 43.02(a), Penal Code. | ||
| (d-1) A law enforcement officer taking possession of a child | ||
| who is suspected of engaging in conduct that violates Section | ||
| 43.02(a), Penal Code, may not arrest the child or refer the child to | ||
| juvenile court. The officer shall use best efforts to deliver the | ||
| child to the child's parent or to another person entitled to take | ||
| possession of the child. If the parent or other person is not | ||
| immediately available, the officer shall: | ||
| (1) contact a local service provider or care | ||
| coordinator who will, in consultation with the child sex | ||
| trafficking prevention unit established under Section 772.0062, | ||
| Government Code, and the governor's program for victims of child | ||
| sex trafficking established under Section 772.0063, Government | ||
| Code, facilitate the assignment of a caseworker for the child to | ||
| create a customized package of services to fit the child's | ||
| immediate and long-term rehabilitation and treatment needs, | ||
| including medical, psychiatric, psychological, safety, and housing | ||
| needs; or | ||
| (2) if a local service provider or care coordinator is | ||
| not available, transfer possession of the child to the Department | ||
| of Family and Protective Services in accordance with Section | ||
| 262.104. | ||
| SECTION 3. Section 43.02, Penal Code, is amended by adding | ||
| Subsection (b-1) to read as follows: | ||
| (b-1) A person may not be prosecuted for an offense under | ||
| Subsection (a) that the person committed when younger than 17 years | ||
| of age. | ||
| SECTION 4. This Act applies only to an offense committed or | ||
| conduct that occurs on or after the effective date of this Act. An | ||
| offense committed or conduct that occurs before the effective date | ||
| of this Act is governed by the law in effect on the date the offense | ||
| was committed or the conduct occurred, and the former law is | ||
| continued in effect for that purpose. For the purposes of this | ||
| section, an offense was committed or conduct occurred before the | ||
| effective date of this Act if any element of the offense or conduct | ||
| occurred before that date. | ||
| SECTION 5. This Act takes effect September 1, 2021. | ||
