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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on prosecuting or referring to juvenile |
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court certain persons for certain conduct constituting the offense |
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of prostitution, to the provision of services to those persons, and |
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to the prosecution of related criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Child Sex |
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Trafficking Victims Protections and Provisions Act. |
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SECTION 2. Section 51.03, Family Code, is amended by |
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amending Subsection (b) and adding Subsections (d) and (d-1) to |
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read as follows: |
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(b) Conduct indicating a need for supervision is: |
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(1) subject to Subsection (f), conduct, other than a |
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traffic offense, that violates: |
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(A) the penal laws of this state of the grade of |
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misdemeanor that are punishable by fine only; or |
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(B) the penal ordinances of any political |
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subdivision of this state; |
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(2) the voluntary absence of a child from the child's |
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home without the consent of the child's parent or guardian for a |
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substantial length of time or without intent to return; |
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(3) conduct prohibited by city ordinance or by state |
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law involving the inhalation of the fumes or vapors of paint and |
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other protective coatings or glue and other adhesives and the |
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volatile chemicals itemized in Section 485.001, Health and Safety |
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Code; |
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(4) an act that violates a school district's |
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previously communicated written standards of student conduct for |
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which the child has been expelled under Section 37.007(c), |
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Education Code; |
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(5) notwithstanding Subsection (a)(1), conduct |
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described by Section 43.02(b) [43.02(a) or (b)], Penal Code; or |
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(6) notwithstanding Subsection (a)(1), conduct that |
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violates Section 43.261, Penal Code. |
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(d) Notwithstanding Subsection (a)(1), conduct that |
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violates Section 43.02(a), Penal Code, is not delinquent conduct or |
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conduct indicating a need for supervision. A child may not be |
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referred to the juvenile court for conduct that violates Section |
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43.02(a), Penal Code. |
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(d-1) A law enforcement officer who suspects that a child |
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may be a victim of an offense under Chapter 20A, Penal Code, or may |
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have engaged in conduct that violates Section 43.02(a), Penal Code, |
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shall take possession of the child in accordance with Section |
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262.104. The officer shall, as soon as possible, transfer |
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possession of the child to the Department of Family and Protective |
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Services. The Department of Family and Protective Services shall, |
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on taking possession of the child, contact a local service provider |
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or care coordinator who will, in consultation with the child sex |
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trafficking prevention unit established under Section 772.0062, |
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Government Code, and the governor's program for victims of child |
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sex trafficking established under Section 772.0063, Government |
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Code, facilitate the assignment of a caseworker for the child to |
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create a customized package of services to fit the child's |
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immediate and long-term rehabilitation and treatment needs, |
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including medical, psychiatric, psychological, safety, and housing |
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needs. |
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SECTION 3. Chapter 20A, Penal Code, is amended by adding |
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Section 20A.05 to read as follows: |
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Sec. 20A.05. DEFENSE EXCLUDED. It is not a defense to |
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prosecution under this chapter that the person trafficked by the |
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actor was forced to engage in conduct: |
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(1) prohibited by Section 43.02(a); and |
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(2) for which the person may not be prosecuted as |
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provided by Section 43.02(b-1). |
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SECTION 4. Section 43.02, Penal Code, is amended by adding |
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Subsection (b-1) to read as follows: |
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(b-1) A person may not be prosecuted for an offense under |
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Subsection (a) that the person committed when younger than 17 years |
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of age. |
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SECTION 5. Subchapter A, Chapter 43, Penal Code, is amended |
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by adding Section 43.07 to read as follows: |
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Sec. 43.07. DEFENSE EXCLUDED. It is not a defense to |
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prosecution under Section 43.03, 43.031, 43.04, 43.041, or 43.05 |
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that the person who engaged in conduct prohibited by Section |
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43.02(a) may not be prosecuted for that conduct as provided by |
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Section 43.02(b-1). |
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SECTION 6. This Act applies only to an offense committed or |
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conduct that occurs on or after the effective date of this Act. An |
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offense committed or conduct that occurs before the effective date |
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of this Act is governed by the law in effect on the date the offense |
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was committed or the conduct occurred, and the former law is |
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continued in effect for that purpose. For the purposes of this |
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section, an offense was committed or conduct occurred before the |
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effective date of this Act if any element of the offense or conduct |
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occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2021. |