87(R) HB 162 - Engrossed version - Bill Text

	87R14479 ADM-D
	By:  Thierry, Leach, Moody, Shaheen, Sanford,	H.B.  No.  162
	et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to a prohibition on prosecuting or referring to juvenile
	court certain persons for certain conduct constituting the offense
	of prostitution, to the provision of services to those persons, and
	to the prosecution of related criminal offenses.
	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) [43.02(a) or (b)], Penal Code; or
	(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 who suspects that a child
	may be a victim of an offense under Chapter 20A, Penal Code, or may
	have engaged in conduct that violates Section 43.02(a), Penal Code,
	shall take possession of the child in accordance with Section
	262.104. The officer shall, as soon as possible, transfer
	possession of the child to the Department of Family and Protective
	Services. The Department of Family and Protective Services shall,
	on taking possession of the child, 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.
	SECTION  3.    Chapter 20A, Penal Code, is amended by adding
	Section 20A.05 to read as follows:
	Sec.  20A.05.    DEFENSE EXCLUDED. It is not a defense to
	prosecution under this chapter that the person trafficked by the
	actor was forced to engage in conduct:
	(1)    prohibited by Section 43.02(a); and
	(2)    for which the person may not be prosecuted as
	provided by Section 43.02(b-1).
	SECTION  4.    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  5.    Subchapter A, Chapter 43, Penal Code, is amended
	by adding Section 43.07 to read as follows:
	Sec.  43.07.    DEFENSE EXCLUDED. It is not a defense to
	prosecution under Section 43.03, 43.031, 43.04, 43.041, or 43.05
	that the person who engaged in conduct prohibited by Section
	43.02(a) may not be prosecuted for that conduct as provided by
	Section 43.02(b-1).
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