S.B. No. 92

	AN ACT
	relating to the designation of a juvenile court and a program for
	certain juveniles who may be the victims of human trafficking.
	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 may 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
	delinquent conduct or conduct indicating a need for supervision and
	cause to believe that the child may be 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 assess the case and may transfer the proceedings to a court
	designated as a juvenile court or alternative juvenile court under
	Section 51.04(i) if the receiving court agrees and if, in the course
	of the proceedings, evidence is presented that constitutes cause to
	believe that the child who is the subject of those proceedings is a
	child described by Subsection (a).
	SECTION 3.  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 delinquent conduct or conduct indicating a need for
	supervision and cause to believe that the child may be the victim of
	conduct that constitutes an offense under Section 20A.02, Penal
	Code.
	SECTION 4.  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 PROGRAM.
	(a)  This section applies to a juvenile court or to an alternative
	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 child's 18th birthday and require a
	child to participate in a program established under Section
	152.0016, Human Resources Code, if the child:
	(1)  is alleged to have engaged in delinquent conduct
	or conduct indicating a need for supervision and may be a victim of
	conduct that constitutes an offense under Section 20A.02, Penal
	Code; and
	(2)  presents to the court an oral or written request to
	participate in the program.
	(c)  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 the
	program.
	SECTION 5.  Chapter 54, Family Code, is amended by adding
	Section 54.04011 to read as follows:
	Sec. 54.04011.  TRAFFICKED PERSONS PROGRAM. (a)  This
	section applies to a juvenile court or to an alternative 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 require a child adjudicated to have
	engaged in delinquent conduct or conduct indicating a need for
	supervision and who is believed to be a victim of conduct that
	constitutes an offense under Section 20A.02, Penal Code, to
	participate in a program established under Section 152.0016, Human
	Resources Code.
	(c)  The court may require a child participating in the
	program to periodically appear in court for monitoring and
	compliance purposes.
	(d)  Following a child's successful completion of the
	program, the court may order the sealing of the records of the case
	in the manner provided by Sections 58.003(c-7) and (c-8).
	SECTION 6.  Section 58.003, Family Code, is amended by
	adding Subsections (c-7) and (c-8) to read as follows:
	(c-7)  Notwithstanding Subsections (a) and (c) and subject
	to Subsection (b), a juvenile court may order the sealing of records
	concerning a child found to have engaged in delinquent conduct or
	conduct indicating a need for supervision or taken into custody to
	determine whether the child engaged in delinquent conduct or
	conduct indicating a need for supervision if the child successfully
	completed a trafficked persons program under Section 152.0016,
	Human Resources Code.  The court may:
	(1)  order the sealing of the records immediately and
	without a hearing; or
	(2)  hold a hearing to determine whether to seal the
	records.
	(c-8)  If the court orders the sealing of a child's records
	under Subsection (c-7), a prosecuting attorney or juvenile
	probation department may maintain until the child's 18th birthday a
	separate record of the child's name and date of birth and the date
	the child successfully completed the trafficked persons program.
	The prosecuting attorney or juvenile probation department, as
	applicable, shall send the record to the court as soon as
	practicable after the child's 18th birthday to be added to the
	child's other sealed records.
	SECTION 7.  Subchapter A, Chapter 152, Human Resources Code,
	is amended by adding Section 152.0016 to read as follows:
	Sec. 152.0016.  TRAFFICKED PERSONS PROGRAM.  (a)  A juvenile
	board may establish a trafficked persons program under this section
	for the assistance, treatment, and rehabilitation of children who:
	(1)  are alleged to have engaged in or adjudicated as
	having engaged in delinquent conduct or conduct indicating a need
	for supervision; and
	(2)  may be victims of conduct that constitutes an
	offense under Section 20A.02, Penal Code.
	(b)  A program established under this section must:
	(1)  if applicable, allow for the integration of
	services available to a child pursuant to proceedings under Title
	3, Family Code, and Subtitle E, Title 5, Family Code;
	(2)  if applicable, allow for the referral to a
	facility that can address issues associated with human trafficking;
	and
	(3)  require a child participating in the program to
	periodically appear in court for monitoring and compliance
	purposes.
	SECTION 8.  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 9.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 92 passed the Senate on
	April 11, 2013, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 92 passed the House on
	May 10, 2013, by the following vote:  Yeas 140, Nays 3, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor