86R8873 ADM-D

By: Thierry H.B. No. 1771

A BILL TO BE ENTITLED

AN ACT

relating to a prohibition on prosecuting or referring to juvenile court a person younger than 18 years of age for certain conduct violating 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. 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 arrests a child for conduct that violates Section 43.02(a), Penal Code, or the law enforcement agency having custody of the child, shall refer the child to the Department of Family and Protective Services to receive services as an at-risk youth under Section 264.302.

SECTION 2. Section 264.302, Family Code, is amended by adding Subsection (g) to read as follows:

(g) Notwithstanding any other provision of this section, the department shall provide services under this section to a person who is referred to the department in accordance with Section 51.03(d-1) or with Section 43.02(b-2), Penal Code. The department shall coordinate with the office of the governor to identify and provide the appropriate services to the person.

SECTION 3. Section 43.02, Penal Code, is amended by adding Subsections (b-1) and (b-2) 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 18 years of age.

(b-2) A peace officer who arrests a person to whom Subsection (b-1) applies, or the law enforcement agency having custody of the person, shall refer the person to the Department of Family and Protective Services to receive services as an at-risk youth under Section 264.302, Family Code.

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, 2019.