Texas 2011 - 82nd Regular

Texas House Bill HB1994

Filed
 
Introduced
3/1/11  
Out of House Committee
4/26/11  
Voted on by House
5/12/11  
Refer
3/10/11  
Out of Senate Committee
5/21/11  
Report Pass
4/14/11  
Voted on by Senate
5/25/11  
Engrossed
5/12/11  
Governor Action
6/17/11  
Refer
5/13/11  
Bill Becomes Law
 
Report Pass
5/21/11  
Enrolled
5/27/11  
Enrolled
5/27/11  
Passed
6/17/11  

Caption

Relating to the creation of a first offender prostitution prevention program.

Impact

If implemented, HB 1994 would effectively amend the Health and Safety Code to establish a structured framework for dealing with first-time solicitation offenders, offering services that promote rehabilitation rather than punishment. The financial structure of the program allows for a nonrefundable fee which may be adjusted according to the participant's financial capability. Successful completion of the program allows an offender to potentially have their records sealed, thus preventing a criminal conviction on their record, which could have extensive implications for their future employment and personal life. This highlights an attempt to balance public safety concerns with the rehabilitation interests of offenders.

Summary

House Bill 1994, focusing on the creation of a First Offender Prostitution Prevention Program, aims to provide an alternative pathway for first-time offenders charged with solicitation offenses. The program is designed to incorporate a non-adversarial approach in the judicial process, facilitating participation of both prosecutors and defense attorneys. Its goal is to educate offenders, thus reducing the demand for the commercial sex trade while ensuring the protection of the offenders' legal rights. The bill outlines the integration of various support services including counseling for mental health, substance abuse, and sex addiction, contributing to the holistic treatment of the participants.

Contention

The bill could encounter contention, particularly around the use of government resources for what some may view as a non-punitive approach to crimes associated with prostitution. Critics may argue that it sends a conflicting message regarding the seriousness of solicitation offenses, potentially undermining law enforcement efforts aimed at combating human trafficking. Moreover, there may be concerns regarding the effectiveness of such programs, particularly in ensuring compliance and real behavioral change among participants. Further debate is likely around the selection process, ensuring that only appropriate candidates are allowed access to the program.

Notable_points

Moreover, the establishment of this program indicates a legislative trend towards prioritizing restorative justice strategies rather than solely punitive measures. A key provision allows eligible defendants to choose whether to participate in the program or to proceed normally through the criminal justice system, highlighting autonomy in the decision-making process. Oversight mechanisms have been mandated to ensure accountability in the program's implementation, which may alleviate some concerns about mismanagement and inefficacy in rehabilitation efforts.

Companion Bills

TX SB1060

Identical Relating to the creation of a first offender prostitution prevention program.

Previously Filed As

TX HB1977

Relating to the creation of a pretrial intervention program for certain youth offenders; authorizing a fee.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB3451

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX SB722

Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of compelling prostitution.

TX HB1004

Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of those offenses.

TX HB3176

Relating to the creation of a youthful offender pilot court program.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB1402

Relating to the criminal penalties for certain criminal offenses.

TX SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

Similar Bills

TX SB484

Relating to the creation of a prostitution prevention program; authorizing a fee.

TX HB3377

Relating to the creation of a prostitution prevention program; authorizing a fee.

TX SB536

Relating to the designation of certain prostitution prevention programs as commercially sexually exploited persons court programs.

TX SB1060

Relating to the creation of a first offender prostitution prevention program.

NJ S3155

Upgrades offense of prostitution as patron; directs fines collected to "Human Trafficking Survivor's Assistance Fund."

NJ A3863

Upgrades offense of prostitution as patron; directs fines collected to "Human Trafficking Survivor's Assistance Fund."

NJ S4123

Upgrades offense of prostitution as patron; directs fines collected to "Human Trafficking Survivor's Assistance Fund."