87(R) HB 1275 - Introduced version - Bill Text

	87R1262 ADM-D
	By:  Crockett	H.B.  No.  1275

	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 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) [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 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.