Texas 2011 - 82nd Regular

Texas House Bill HB1994 Compare Versions

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1	1	By: Weber, et al. (Senate Sponsor - Van de Putte) H.B. No. 1994
2	2	(In the Senate - Received from the House May 13, 2011;
3	3	May 13, 2011, read first time and referred to Committee on Criminal
4	4	Justice; May 21, 2011, reported favorably by the following vote:
5	5	Yeas 6, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of a first offender prostitution
11	11	prevention program.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
14	14	amended by adding Chapter 169 to read as follows:
15	15	CHAPTER 169. FIRST OFFENDER PROSTITUTION PREVENTION PROGRAM
16	16	Sec. 169.001. FIRST OFFENDER PROSTITUTION PREVENTION
17	17	PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter,
18	18	"first offender prostitution prevention program" means a program
19	19	that has the following essential characteristics:
20	20	(1) the integration of services in the processing of
21	21	cases in the judicial system;
22	22	(2) the use of a nonadversarial approach involving
23	23	prosecutors and defense attorneys to promote public safety, to
24	24	reduce the demand for the commercial sex trade and trafficking of
25	25	persons by educating offenders, and to protect the due process
26	26	rights of program participants;
27	27	(3) early identification and prompt placement of
28	28	eligible participants in the program;
29	29	(4) access to information, counseling, and services
30	30	relating to sex addiction, sexually transmitted diseases, mental
31	31	health, and substance abuse;
32	32	(5) a coordinated strategy to govern program responses
33	33	to participant compliance;
34	34	(6) monitoring and evaluation of program goals and
35	35	effectiveness;
36	36	(7) continuing interdisciplinary education to promote
37	37	effective program planning, implementation, and operations; and
38	38	(8) development of partnerships with public agencies
39	39	and community organizations.
40	40	(b) If a defendant successfully completes a first offender
41	41	prostitution prevention program, regardless of whether the
42	42	defendant was convicted of the offense for which the defendant
43	43	entered the program or whether the court deferred further
44	44	proceedings without entering an adjudication of guilt, after notice
45	45	to the state and a hearing on whether the defendant is otherwise
46	46	entitled to the petition, including whether the required time
47	47	period has elapsed, and whether issuance of the order is in the best
48	48	interest of justice, the court shall enter an order of
49	49	nondisclosure under Section 411.081, Government Code, as if the
50	50	defendant had received a discharge and dismissal under Section
51	51	5(c), Article 42.12, Code of Criminal Procedure, with respect to
52	52	all records and files related to the defendant's arrest for the
53	53	offense for which the defendant entered the program if the
54	54	defendant:
55	55	(1) has not been previously convicted of a felony
56	56	offense; and
57	57	(2) is not convicted of any other felony offense
58	58	before the second anniversary of the defendant's successful
59	59	completion of the program.
60	60	Sec. 169.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
61	61	(a) The commissioners court of a county or governing body of a
62	62	municipality may establish a first offender prostitution
63	63	prevention program for defendants charged with an offense under
64	64	Section 43.02(a)(2), Penal Code, in which the defendant offered or
65	65	agreed to hire a person to engage in sexual conduct.
66	66	(b) A defendant is eligible to participate in a first
67	67	offender prostitution prevention program established under this
68	68	chapter only if:
69	69	(1) the attorney representing the state consents to
70	70	the defendant's participation in the program; and
71	71	(2) the court in which the criminal case is pending
72	72	finds that the defendant has not been previously convicted of:
73	73	(A) an offense under Section 20A.02, 43.02,
74	74	43.03, 43.04, or 43.05, Penal Code;
75	75	(B) an offense listed in Section 3g(a)(1),
76	76	Article 42.12, Code of Criminal Procedure; or
77	77	(C) an offense punishable as a felony under
78	78	Chapter 481.
79	79	(c) For purposes of Subsection (b), a defendant has been
80	80	previously convicted of an offense listed in that subsection if:
81	81	(1) the defendant was adjudged guilty of the offense
82	82	or entered a plea of guilty or nolo contendere in return for a grant
83	83	of deferred adjudication, regardless of whether the sentence for
84	84	the offense was ever imposed or whether the sentence was probated
85	85	and the defendant was subsequently discharged from community
86	86	supervision; or
87	87	(2) the defendant was convicted under the laws of
88	88	another state for an offense containing elements that are
89	89	substantially similar to the elements of an offense listed in
90	90	Subsection (b).
91	91	(d) A defendant is not eligible to participate in the first
92	92	offender prostitution prevention program if the defendant offered
93	93	or agreed to hire a person to engage in sexual conduct and the
94	94	person was younger than 18 years of age at the time of the offense.
95	95	(e) The court in which the criminal case is pending shall
96	96	allow an eligible defendant to choose whether to participate in the
97	97	first offender prostitution prevention program or otherwise
98	98	proceed through the criminal justice system.
99	99	(f) If a defendant who chooses to participate in the first
100	100	offender prostitution prevention program fails to attend any
101	101	portion of the program, the court in which the defendant's criminal
102	102	case is pending shall issue a warrant for the defendant's arrest and
103	103	proceed on the criminal case as if the defendant had chosen not to
104	104	participate in the program.
105	105	Sec. 169.003. PROGRAM POWERS AND DUTIES. (a) A first
106	106	offender prostitution prevention program established under this
107	107	chapter must:
108	108	(1) ensure that a person eligible for the program is
109	109	provided legal counsel before volunteering to proceed through the
110	110	program and while participating in the program;
111	111	(2) allow any participant to withdraw from the program
112	112	at any time before a trial on the merits has been initiated;
113	113	(3) provide each participant with information,
114	114	counseling, and services relating to sex addiction, sexually
115	115	transmitted diseases, mental health, and substance abuse; and
116	116	(4) provide each participant with classroom
117	117	instruction related to the prevention of prostitution.
118	118	(b) To provide each program participant with information,
119	119	counseling, and services described by Subsection (a)(3), a program
120	120	established under this chapter may employ a person or solicit a
121	121	volunteer who is:
122	122	(1) a health care professional;
123	123	(2) a psychologist;
124	124	(3) a licensed social worker or counselor;
125	125	(4) a former prostitute;
126	126	(5) a family member of a person arrested for
127	127	soliciting prostitution;
128	128	(6) a member of a neighborhood association or
129	129	community that is adversely affected by the commercial sex trade or
130	130	trafficking of persons; or
131	131	(7) an employee of a nongovernmental organization
132	132	specializing in advocacy or laws related to sex trafficking or
133	133	human trafficking or in providing services to victims of those
134	134	offenses.
135	135	(c) A program established under this chapter shall
136	136	establish and publish local procedures to promote maximum
137	137	participation of eligible defendants in programs established in the
138	138	county or municipality in which the defendants reside.
139	139	Sec. 169.004. OVERSIGHT. (a) The lieutenant governor and
140	140	the speaker of the house of representatives may assign to
141	141	appropriate legislative committees duties relating to the
142	142	oversight of first offender prostitution prevention programs
143	143	established under this chapter.
144	144	(b) A legislative committee or the governor may request the
145	145	state auditor to perform a management, operations, or financial or
146	146	accounting audit of a first offender prostitution prevention
147	147	program established under this chapter.
148	148	(c) A first offender prostitution prevention program
149	149	established under this chapter shall:
150	150	(1) notify the criminal justice division of the
151	151	governor's office before or on implementation of the program; and
152	152	(2) provide information regarding the performance of
153	153	the program to the division on request.
154	154	Sec. 169.005. FEES. (a) A first offender prostitution
155	155	prevention program established under this chapter may collect from
156	156	a participant in the program a nonrefundable program fee in a
157	157	reasonable amount not to exceed $1,000, from which the following
158	158	must be paid:
159	159	(1) a counseling and services fee in an amount
160	160	necessary to cover the costs of the counseling and services
161	161	provided by the program;
162	162	(2) a victim services fee in an amount equal to 10
163	163	percent of the amount paid under Subdivision (1), to be deposited to
164	164	the credit of the general revenue fund to be appropriated only to
165	165	cover costs associated with the grant program described by Section
166	166	531.383, Government Code; and
167	167	(3) a law enforcement training fee, in an amount equal
168	168	to five percent of the total amount paid under Subdivision (1), to
169	169	be deposited to the credit of the treasury of the county or
170	170	municipality that established the program to cover costs associated
171	171	with the provision of training to law enforcement personnel on
172	172	domestic violence, prostitution, and the trafficking of persons.
173	173	(b) Fees collected under this section may be paid on a
174	174	periodic basis or on a deferred payment schedule at the discretion
175	175	of the judge, magistrate, or program director administering the
176	176	first offender prostitution prevention program. The fees must
177	177	be based on the participant's ability to pay.
178	178	Sec. 169.006. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
179	179	REQUIREMENT. (a) To encourage participation in a first offender
180	180	prostitution prevention program established under this chapter,
181	181	the judge or magistrate administering the program may suspend any
182	182	requirement that, as a condition of community supervision, a
183	183	participant in the program work a specified number of hours at a
184	184	community service project.
185	185	(b) On a participant's successful completion of a first
186	186	offender prostitution prevention program, a judge or magistrate may
187	187	excuse the participant from any condition of community supervision
188	188	previously suspended under Subsection (a).
189	189	SECTION 2. Subchapter B, Chapter 103, Government Code, is
190	190	amended by adding Section 103.0291 to read as follows:
191	191	Sec. 103.0291. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
192	192	HEALTH AND SAFETY CODE. A nonrefundable program fee for a first
193	193	offender prostitution prevention program established under Section
194	194	169.002, Health and Safety Code, shall be collected under Section
195	195	169.005, Health and Safety Code, in a reasonable amount not to
196	196	exceed $1,000, which includes:
197	197	(1) a counseling and services fee in an amount
198	198	necessary to cover the costs of counseling and services provided by
199	199	the program;
200	200	(2) a victim services fee in an amount equal to 10
201	201	percent of the total fee; and
202	202	(3) a law enforcement training fee in an amount equal
203	203	to five percent of the total fee.
204	204	SECTION 3. This Act takes effect immediately if it receives
205	205	a vote of two-thirds of all the members elected to each house, as
206	206	provided by Section 39, Article III, Texas Constitution. If this
207	207	Act does not receive the vote necessary for immediate effect, this
208	208	Act takes effect September 1, 2011.
209	209	* * * * *