|
House Bill 1771 |
House Author: Thierry et al. |
|
Effective: Vetoed |
Senate Sponsor: Huffman |
House Bill 1771, the Child Sex Trafficking Victims Protections and Provisions Act, amends the Penal Code and Family Code to prohibit the prosecution of a person for a prostitution offense committed when the person was younger than 17 years of age in which the person knowingly offered or agreed to receive a fee from another person to engage in sexual conduct. The bill establishes that such conduct is not delinquent conduct or conduct indicating a need for supervision and that a child may not be referred to the juvenile court for such conduct. The bill prohibits a law enforcement officer taking possession of a child who is suspected of engaging in such conduct from arresting the child and requires the officer to use best efforts to deliver the child to the child's parent or to another person entitled to take possession of the child. The bill sets out alternative requirements for the officer regarding the care of the child if the parent or other person is not immediately available.
Governor's Reason for Veto: "Although House Bill 1771 is a well-intentioned tool to protect victims of human trafficking, it has unintended consequences. The bill takes away options that law enforcement and prosecutors can use to separate victims from their traffickers, and it may provide a perverse incentive for traffickers to use underage prostitutes, knowing they cannot be arrested for engaging in prostitution. Efforts to reduce trafficking are to be commended, and I have signed numerous laws this session cracking down on it. I look forward to working with the author on ways to separate victims from their traffickers, both physically and economically."