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A BILL TO BE ENTITLED
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AN ACT
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relating to juvenile court records of victims of sex trafficking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Family Code, is amended by adding |
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Section 54.12 to read as follows: |
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Sec. 54.12. TRAFFICKING VICTIM FINDING. (a) This section |
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applies to a child who was referred to a juvenile probation |
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department and whose records include conduct: |
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(1) that constitutes an offense under Section |
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43.02(a), Penal Code; and |
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(2) for which the defense under Section 43.02(d), |
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Penal Code, applies. |
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(b) If applicable, the court shall enter a finding in the |
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case of a child to whom this section applies stating that the child |
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is a victim of trafficking. |
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SECTION 2. Subchapter C-1, Chapter 58, Family Code, is |
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amended by adding Section 58.2552 to read as follows: |
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Sec. 58.2552. SEALING RECORDS WITH OR WITHOUT APPLICATION: |
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TRAFFICKING VICTIM. (a) If a juvenile court enters a finding that a |
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child is a victim of trafficking under Section 54.12, the court, on |
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the court's own motion and without a hearing, shall immediately |
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order the sealing of all records of the child that are related to |
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the conduct described under that section. |
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(b) Notwithstanding Subsection (a), a child who is entitled |
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to have records sealed under that subsection may file an |
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application for the sealing of records related to the child's |
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applicable conduct in the juvenile court served by the juvenile |
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probation department to which the child was referred. The court may |
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not charge a fee for filing the application, regardless of the form |
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of the application. An application filed under this subsection |
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must include the information required under Section 58.256(b). |
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(c) On receipt of an application under Subsection (b), the |
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court shall immediately order the sealing of the child's records |
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related to the applicable conduct without a hearing. |
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SECTION 3. This Act applies to juvenile court records |
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created before, on, or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |