Bill Text: TX HB193 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to juvenile court records of victims of sex trafficking.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB193 Detail]
Download: Texas-2021-HB193-Comm_Sub.html
By: Rose (Senate Sponsor - Blanco) | H.B. No. 193 | |
(In the Senate - Received from the House April 27, 2021; | ||
May 14, 2021, read first time and referred to Committee on | ||
Jurisprudence; May 21, 2021, reported favorably by the following | ||
vote: Yeas 5, Nays 0; May 21, 2021, sent to printer.) | ||
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relating to juvenile court records of victims of sex trafficking. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 54, Family Code, is amended by adding | ||
Section 54.12 to read as follows: | ||
Sec. 54.12. TRAFFICKING VICTIM FINDING. (a) This section | ||
applies to a child who was referred to a juvenile probation | ||
department and whose records include conduct: | ||
(1) that constitutes an offense under Section | ||
43.02(a), Penal Code; and | ||
(2) for which the defense under Section 43.02(d), | ||
Penal Code, applies. | ||
(b) If applicable, the court shall enter a finding in the | ||
case of a child to whom this section applies stating that the child | ||
is a victim of trafficking. | ||
SECTION 2. Subchapter C-1, Chapter 58, Family Code, is | ||
amended by adding Section 58.2552 to read as follows: | ||
Sec. 58.2552. SEALING RECORDS WITH OR WITHOUT APPLICATION: | ||
TRAFFICKING VICTIM. (a) If a juvenile court enters a finding that a | ||
child is a victim of trafficking under Section 54.12, the court, on | ||
the court's own motion and without a hearing, shall immediately | ||
order the sealing of all records of the child that are related to | ||
the conduct described under that section. | ||
(b) Notwithstanding Subsection (a), a child who is entitled | ||
to have records sealed under that subsection may file an | ||
application for the sealing of records related to the child's | ||
applicable conduct in the juvenile court served by the juvenile | ||
probation department to which the child was referred. The court may | ||
not charge a fee for filing the application, regardless of the form | ||
of the application. An application filed under this subsection | ||
must include the information required under Section 58.256(b). | ||
(c) On receipt of an application under Subsection (b), the | ||
court shall immediately order the sealing of the child's records | ||
related to the applicable conduct without a hearing. | ||
SECTION 3. This Act applies to juvenile court records | ||
created before, on, or after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2021. | ||
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