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  S.B. No. 92
 
 
 
 
AN ACT
  relating to the designation of a juvenile court and a program for
  certain juveniles who may be the victims of human trafficking.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1. Section 51.04, Family Code, is amended by
  amending Subsections (b) and (e) and adding Subsection (i) to read
  as follows:
         (b)  In each county, the county's juvenile board shall
  designate one or more district, criminal district, domestic
  relations, juvenile, or county courts or county courts at law as the
  juvenile court, subject to Subsections (c), [and] (d), and (i) [of
  this section].
         (e)  A designation made under Subsection (b), [or] (c), or
  (i) [of this section] may be changed from time to time by the
  authorized boards or judges for the convenience of the people and
  the welfare of children. However, there must be at all times a
  juvenile court designated for each county. It is the intent of the
  legislature that in selecting a court to be the juvenile court of
  each county, the selection shall be made as far as practicable so
  that the court designated as the juvenile court will be one which is
  presided over by a judge who has a sympathetic understanding of the
  problems of child welfare and that changes in the designation of
  juvenile courts be made only when the best interest of the public
  requires it.
         (i)  If the court designated as the juvenile court under
  Subsection (b) does not have jurisdiction over proceedings under
  Subtitle E, Title 5, the county's juvenile board may designate at
  least one other court that does have jurisdiction over proceedings
  under Subtitle E, Title 5, as a juvenile court or alternative
  juvenile court.
         SECTION 2.  Chapter 51, Family Code, is amended by adding
  Section 51.0413 to read as follows:
         Sec. 51.0413.  JURISDICTION OVER AND TRANSFER OF COMBINATION
  OF PROCEEDINGS.  (a)  A juvenile court designated under Section
  51.04(b) or, if that court does not have jurisdiction over
  proceedings under Subtitle E, Title 5, the juvenile court
  designated under Section 51.04(i) may simultaneously exercise
  jurisdiction over proceedings under this title and proceedings
  under Subtitle E, Title 5, if there is probable cause to believe
  that the child who is the subject of those proceedings engaged in
  delinquent conduct or conduct indicating a need for supervision and
  cause to believe that the child may be the victim of conduct that
  constitutes an offense under Section 20A.02, Penal Code.
         (b)  If a proceeding is instituted under this title in a
  juvenile court designated under Section 51.04(b) that does not have
  jurisdiction over proceedings under Subtitle E, Title 5, the court
  shall assess the case and may transfer the proceedings to a court
  designated as a juvenile court or alternative juvenile court under
  Section 51.04(i) if the receiving court agrees and if, in the course
  of the proceedings, evidence is presented that constitutes cause to
  believe that the child who is the subject of those proceedings is a
  child described by Subsection (a).
         SECTION 3.  Section 52.032, Family Code, is amended to read
  as follows:
         Sec. 52.032.  INFORMAL DISPOSITION GUIDELINES. (a)  The
  juvenile board of each county, in cooperation with each law
  enforcement agency in the county, shall adopt guidelines for the
  disposition of a child under Section 52.03 or 52.031. The
  guidelines adopted under this section shall not be considered
  mandatory.
         (b)  The guidelines adopted under Subsection (a) may not
  allow for the case of a child to be disposed of under Section 52.03
  or 52.031 if there is probable cause to believe that the child
  engaged in delinquent conduct or conduct indicating a need for
  supervision and cause to believe that the child may be the victim of
  conduct that constitutes an offense under Section 20A.02, Penal
  Code.
         SECTION 4.  Chapter 54, Family Code, is amended by adding
  Section 54.0326 to read as follows:
         Sec. 54.0326.  DEFERRAL OF ADJUDICATION AND DISMISSAL OF
  CERTAIN CASES ON COMPLETION OF TRAFFICKED PERSONS PROGRAM.
  (a)  This section applies to a juvenile court or to an alternative
  juvenile court exercising simultaneous jurisdiction over
  proceedings under this title and Subtitle E, Title 5, in the manner
  authorized by Section 51.0413.
         (b)  A juvenile court may defer adjudication proceedings
  under Section 54.03 until the child's 18th birthday and require a
  child to participate in a program established under Section
  152.0016, Human Resources Code, if the child:
               (1)  is alleged to have engaged in delinquent conduct
  or conduct indicating a need for supervision and may be a victim of
  conduct that constitutes an offense under Section 20A.02, Penal
  Code; and
               (2)  presents to the court an oral or written request to
  participate in the program.
         (c)  Following a child's completion of the program, the court
  shall dismiss the case with prejudice at the time the child presents
  satisfactory evidence that the child successfully completed the
  program.
         SECTION 5.  Chapter 54, Family Code, is amended by adding
  Section 54.04011 to read as follows:
         Sec. 54.04011.  TRAFFICKED PERSONS PROGRAM. (a)  This
  section applies to a juvenile court or to an alternative juvenile
  court exercising simultaneous jurisdiction over proceedings under
  this title and Subtitle E, Title 5, in the manner authorized by
  Section 51.0413.
         (b)  A juvenile court may require a child adjudicated to have
  engaged in delinquent conduct or conduct indicating a need for
  supervision and who is believed to be a victim of conduct that
  constitutes an offense under Section 20A.02, Penal Code, to
  participate in a program established under Section 152.0016, Human
  Resources Code.
         (c)  The court may require a child participating in the
  program to periodically appear in court for monitoring and
  compliance purposes.
         (d)  Following a child's successful completion of the
  program, the court may order the sealing of the records of the case
  in the manner provided by Sections 58.003(c-7) and (c-8).
         SECTION 6.  Section 58.003, Family Code, is amended by
  adding Subsections (c-7) and (c-8) to read as follows:
         (c-7)  Notwithstanding Subsections (a) and (c) and subject
  to Subsection (b), a juvenile court may order the sealing of records
  concerning a child found to have engaged in delinquent conduct or
  conduct indicating a need for supervision or taken into custody to
  determine whether the child engaged in delinquent conduct or
  conduct indicating a need for supervision if the child successfully
  completed a trafficked persons program under Section 152.0016,
  Human Resources Code.  The court may:
               (1)  order the sealing of the records immediately and
  without a hearing; or
               (2)  hold a hearing to determine whether to seal the
  records.
         (c-8)  If the court orders the sealing of a child's records
  under Subsection (c-7), a prosecuting attorney or juvenile
  probation department may maintain until the child's 18th birthday a
  separate record of the child's name and date of birth and the date
  the child successfully completed the trafficked persons program.  
  The prosecuting attorney or juvenile probation department, as
  applicable, shall send the record to the court as soon as
  practicable after the child's 18th birthday to be added to the
  child's other sealed records.
         SECTION 7.  Subchapter A, Chapter 152, Human Resources Code,
  is amended by adding Section 152.0016 to read as follows:
         Sec. 152.0016.  TRAFFICKED PERSONS PROGRAM.  (a)  A juvenile
  board may establish a trafficked persons program under this section
  for the assistance, treatment, and rehabilitation of children who:
               (1)  are alleged to have engaged in or adjudicated as
  having engaged in delinquent conduct or conduct indicating a need
  for supervision; and
               (2)  may be victims of conduct that constitutes an
  offense under Section 20A.02, Penal Code.
         (b)  A program established under this section must:
               (1)  if applicable, allow for the integration of
  services available to a child pursuant to proceedings under Title
  3, Family Code, and Subtitle E, Title 5, Family Code;
               (2)  if applicable, allow for the referral to a
  facility that can address issues associated with human trafficking;
  and
               (3)  require a child participating in the program to
  periodically appear in court for monitoring and compliance
  purposes.
         SECTION 8.  The changes in law made by this Act apply only to
  conduct that occurs on or after the effective date of this Act.  
  Conduct that occurs before the effective date of this Act is covered
  by the law in effect at the time the conduct occurred, and the
  former law is continued in effect for that purpose. For the
  purposes of this section, conduct occurs before the effective date
  of this Act if any element of the conduct occurred before that date.
         SECTION 9.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 92 passed the Senate on
  April 11, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 92 passed the House on
  May 10, 2013, by the following vote:  Yeas 140, Nays 3, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor