83R764 KCR-D
	By: Thompson of Harris	H.B. No. 91

	A BILL TO BE ENTITLED
	AN ACT
	relating to the designation of a juvenile court and a
	pre-adjudication diversion program for certain juveniles alleged
	to have engaged in conduct that violates certain penal laws
	regarding prostitution.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 51.04, Family Code, is amended by
	amending Subsections (b) and (e) and adding Subsection (i) to read
	as follows:
	(b)  In each county, the county's juvenile board shall
	designate one or more district, criminal district, domestic
	relations, juvenile, or county courts or county courts at law as the
	juvenile court, subject to Subsections (c), [and] (d), and (i) [of
	this section].
	(e)  A designation made under Subsection (b), [or] (c), or
	(i) [of this section] may be changed from time to time by the
	authorized boards or judges for the convenience of the people and
	the welfare of children. However, there must be at all times a
	juvenile court designated for each county. It is the intent of the
	legislature that in selecting a court to be the juvenile court of
	each county, the selection shall be made as far as practicable so
	that the court designated as the juvenile court will be one which is
	presided over by a judge who has a sympathetic understanding of the
	problems of child welfare and that changes in the designation of
	juvenile courts be made only when the best interest of the public
	requires it.
	(i)  If the court designated as the juvenile court under
	Subsection (b) does not have jurisdiction over proceedings under
	Subtitle E, Title 5, the county's juvenile board shall designate at
	least one other court that does have jurisdiction over proceedings
	under Subtitle E, Title 5, as a juvenile court or alternative
	juvenile court.
	SECTION 2.  Chapter 51, Family Code, is amended by adding
	Section 51.0413 to read as follows:
	Sec. 51.0413.  JURISDICTION OVER AND TRANSFER OF COMBINATION
	OF PROCEEDINGS.  (a)  A juvenile court designated under Section
	51.04(b) or, if that court does not have jurisdiction over
	proceedings under Subtitle E, Title 5, the juvenile court
	designated under Section 51.04(i), may simultaneously exercise
	jurisdiction over proceedings under this title and proceedings
	under Subtitle E, Title 5, if there is probable cause to believe
	that the child who is the subject of those proceedings engaged in
	conduct that violates Section 43.02, Penal Code, because the child
	was the victim of conduct that constitutes an offense under Section
	20A.02, Penal Code.
	(b)  If a proceeding is instituted under this title in a
	juvenile court designated under Section 51.04(b) that does not have
	jurisdiction over proceedings under Subtitle E, Title 5, the court
	shall transfer the proceedings to a court designated as a juvenile
	court or alternative juvenile court under Section 51.04(i) if, in
	the course of the proceedings, evidence is presented that
	constitutes probable cause to believe that the child who is the
	subject of those proceedings is a child whose conduct is described
	by Subsection (a).
	SECTION 3.  Section 52.01, Family Code, is amended by adding
	Subsection (f) to read as follows:
	(f)  Notwithstanding Subsection (c), a law enforcement
	officer may not issue a warning to a child instead of taking the
	child into custody as authorized by Subsection (a)(2) or (3) if the
	officer has probable cause to believe that the child engaged in
	conduct that violates Section 43.02, Penal Code, because the child
	was the victim of conduct that constitutes an offense under Section
	20A.02, Penal Code.
	SECTION 4.  Section 52.032, Family Code, is amended to read
	as follows:
	Sec. 52.032.  INFORMAL DISPOSITION GUIDELINES. (a) The
	juvenile board of each county, in cooperation with each law
	enforcement agency in the county, shall adopt guidelines for the
	disposition of a child under Section 52.03 or 52.031. The
	guidelines adopted under this section shall not be considered
	mandatory.
	(b)  The guidelines adopted under Subsection (a) may not
	allow for the case of a child to be disposed of under Section 52.03
	or 52.031 if there is probable cause to believe that the child
	engaged in conduct that violates Section 43.02, Penal Code, because
	the child was the victim of conduct that constitutes an offense
	under Section 20A.02, Penal Code.
	SECTION 5.  Chapter 54, Family Code, is amended by adding
	Section 54.0326 to read as follows:
	Sec. 54.0326.  DEFERRAL OF ADJUDICATION AND DISMISSAL OF
	CERTAIN CASES ON COMPLETION OF TRAFFICKED PERSONS COURT PROGRAM.
	(a) This section applies only to a juvenile court exercising
	simultaneous jurisdiction over proceedings under this title and
	Subtitle E, Title 5, in the manner authorized by Section 51.0413.
	(b)  A juvenile court may defer adjudication proceedings
	under Section 54.03 until the 30th day before the date of the
	child's 17th birthday if the child:
	(1)  waives, under Section 51.09, the privilege against
	self-incrimination and testifies under oath that the allegation
	that the child engaged in conduct that violated Section 43.02,
	Penal Code, is true; and
	(2)  presents to the court an oral or written request to
	participate in the program established under Subsection (c).
	(c)  A juvenile board may establish a program under this
	section for the assistance, treatment, and rehabilitation of
	children who are alleged to have engaged in conduct that violates
	Section 43.02, Penal Code, because the children were victims of
	conduct that constitutes an offense under Section 20A.02, Penal
	Code. A program established under this section must:
	(1)  integrate services available to a child pursuant
	to proceedings under this title and Subtitle E, Title 5;
	(2)  focus on early identification of children who
	have engaged in conduct that violates Section 43.02, Penal Code,
	because the children were victims of conduct that constitutes an
	offense under Section 20A.02, Penal Code, and prompt placement of
	those children in the program; and
	(3)  require a child participating in the program to
	periodically appear in court for monitoring and compliance
	purposes.
	(d)  Following a child's completion of the program, the court
	shall dismiss the case with prejudice at the time the child presents
	satisfactory evidence that the child successfully completed a
	program established under Subsection (c).
	(e)  A case dismissed under this section may not be part of
	the child's records for any purpose.
	SECTION 6.  The changes in law made by this Act apply only to
	conduct that occurs on or after the effective date of this Act.
	Conduct that occurs before the effective date of this Act is covered
	by the law in effect at the time the conduct occurred, and the
	former law is continued in effect for that purpose. For the
	purposes of this section, conduct occurs before the effective date
	of this Act if any element of the conduct occurred before that date.
	SECTION 7.  This Act takes effect September 1, 2013.