By: Weber, et al. (Senate Sponsor - Van de Putte) H.B. No. 1994
(In the Senate - Received from the House May 13, 2011;
May 13, 2011, read first time and referred to Committee on Criminal
Justice; May 21, 2011, reported favorably by the following vote:
Yeas 6, Nays 0; May 21, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a first offender prostitution
prevention program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
amended by adding Chapter 169 to read as follows:
CHAPTER 169. FIRST OFFENDER PROSTITUTION PREVENTION PROGRAM
Sec. 169.001. FIRST OFFENDER PROSTITUTION PREVENTION
PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter,
"first offender prostitution prevention program" means a program
that has the following essential characteristics:
(1) the integration of services in the processing of
cases in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety, to
reduce the demand for the commercial sex trade and trafficking of
persons by educating offenders, and to protect the due process
rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to information, counseling, and services
relating to sex addiction, sexually transmitted diseases, mental
health, and substance abuse;
(5) a coordinated strategy to govern program responses
to participant compliance;
(6) monitoring and evaluation of program goals and
effectiveness;
(7) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(8) development of partnerships with public agencies
and community organizations.
(b) If a defendant successfully completes a first offender
prostitution prevention program, regardless of whether the
defendant was convicted of the offense for which the defendant
entered the program or whether the court deferred further
proceedings without entering an adjudication of guilt, after notice
to the state and a hearing on whether the defendant is otherwise
entitled to the petition, including whether the required time
period has elapsed, and whether issuance of the order is in the best
interest of justice, the court shall enter an order of
nondisclosure under Section 411.081, Government Code, as if the
defendant had received a discharge and dismissal under Section
5(c), Article 42.12, Code of Criminal Procedure, with respect to
all records and files related to the defendant's arrest for the
offense for which the defendant entered the program if the
defendant:
(1) has not been previously convicted of a felony
offense; and
(2) is not convicted of any other felony offense
before the second anniversary of the defendant's successful
completion of the program.
Sec. 169.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
(a) The commissioners court of a county or governing body of a
municipality may establish a first offender prostitution
prevention program for defendants charged with an offense under
Section 43.02(a)(2), Penal Code, in which the defendant offered or
agreed to hire a person to engage in sexual conduct.
(b) A defendant is eligible to participate in a first
offender prostitution prevention program established under this
chapter only if:
(1) the attorney representing the state consents to
the defendant's participation in the program; and
(2) the court in which the criminal case is pending
finds that the defendant has not been previously convicted of:
(A) an offense under Section 20A.02, 43.02,
43.03, 43.04, or 43.05, Penal Code;
(B) an offense listed in Section 3g(a)(1),
Article 42.12, Code of Criminal Procedure; or
(C) an offense punishable as a felony under
Chapter 481.
(c) For purposes of Subsection (b), a defendant has been
previously convicted of an offense listed in that subsection if:
(1) the defendant was adjudged guilty of the offense
or entered a plea of guilty or nolo contendere in return for a grant
of deferred adjudication, regardless of whether the sentence for
the offense was ever imposed or whether the sentence was probated
and the defendant was subsequently discharged from community
supervision; or
(2) the defendant was convicted under the laws of
another state for an offense containing elements that are
substantially similar to the elements of an offense listed in
Subsection (b).
(d) A defendant is not eligible to participate in the first
offender prostitution prevention program if the defendant offered
or agreed to hire a person to engage in sexual conduct and the
person was younger than 18 years of age at the time of the offense.
(e) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to participate in the
first offender prostitution prevention program or otherwise
proceed through the criminal justice system.
(f) If a defendant who chooses to participate in the first
offender prostitution prevention program fails to attend any
portion of the program, the court in which the defendant's criminal
case is pending shall issue a warrant for the defendant's arrest and
proceed on the criminal case as if the defendant had chosen not to
participate in the program.
Sec. 169.003. PROGRAM POWERS AND DUTIES. (a) A first
offender prostitution prevention program established under this
chapter must:
(1) ensure that a person eligible for the program is
provided legal counsel before volunteering to proceed through the
program and while participating in the program;
(2) allow any participant to withdraw from the program
at any time before a trial on the merits has been initiated;
(3) provide each participant with information,
counseling, and services relating to sex addiction, sexually
transmitted diseases, mental health, and substance abuse; and
(4) provide each participant with classroom
instruction related to the prevention of prostitution.
(b) To provide each program participant with information,
counseling, and services described by Subsection (a)(3), a program
established under this chapter may employ a person or solicit a
volunteer who is:
(1) a health care professional;
(2) a psychologist;
(3) a licensed social worker or counselor;
(4) a former prostitute;
(5) a family member of a person arrested for
soliciting prostitution;
(6) a member of a neighborhood association or
community that is adversely affected by the commercial sex trade or
trafficking of persons; or
(7) an employee of a nongovernmental organization
specializing in advocacy or laws related to sex trafficking or
human trafficking or in providing services to victims of those
offenses.
(c) A program established under this chapter shall
establish and publish local procedures to promote maximum
participation of eligible defendants in programs established in the
county or municipality in which the defendants reside.
Sec. 169.004. OVERSIGHT. (a) The lieutenant governor and
the speaker of the house of representatives may assign to
appropriate legislative committees duties relating to the
oversight of first offender prostitution prevention programs
established under this chapter.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial or
accounting audit of a first offender prostitution prevention
program established under this chapter.
(c) A first offender prostitution prevention program
established under this chapter shall:
(1) notify the criminal justice division of the
governor's office before or on implementation of the program; and
(2) provide information regarding the performance of
the program to the division on request.
Sec. 169.005. FEES. (a) A first offender prostitution
prevention program established under this chapter may collect from
a participant in the program a nonrefundable program fee in a
reasonable amount not to exceed $1,000, from which the following
must be paid:
(1) a counseling and services fee in an amount
necessary to cover the costs of the counseling and services
provided by the program;
(2) a victim services fee in an amount equal to 10
percent of the amount paid under Subdivision (1), to be deposited to
the credit of the general revenue fund to be appropriated only to
cover costs associated with the grant program described by Section
531.383, Government Code; and
(3) a law enforcement training fee, in an amount equal
to five percent of the total amount paid under Subdivision (1), to
be deposited to the credit of the treasury of the county or
municipality that established the program to cover costs associated
with the provision of training to law enforcement personnel on
domestic violence, prostitution, and the trafficking of persons.
(b) Fees collected under this section may be paid on a
periodic basis or on a deferred payment schedule at the discretion
of the judge, magistrate, or program director administering the
first offender prostitution prevention program. The fees must
be based on the participant's ability to pay.
Sec. 169.006. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
REQUIREMENT. (a) To encourage participation in a first offender
prostitution prevention program established under this chapter,
the judge or magistrate administering the program may suspend any
requirement that, as a condition of community supervision, a
participant in the program work a specified number of hours at a
community service project.
(b) On a participant's successful completion of a first
offender prostitution prevention program, a judge or magistrate may
excuse the participant from any condition of community supervision
previously suspended under Subsection (a).
SECTION 2. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.0291 to read as follows:
Sec. 103.0291. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
HEALTH AND SAFETY CODE. A nonrefundable program fee for a first
offender prostitution prevention program established under Section
169.002, Health and Safety Code, shall be collected under Section
169.005, Health and Safety Code, in a reasonable amount not to
exceed $1,000, which includes:
(1) a counseling and services fee in an amount
necessary to cover the costs of counseling and services provided by
the program;
(2) a victim services fee in an amount equal to 10
percent of the total fee; and
(3) a law enforcement training fee in an amount equal
to five percent of the total fee.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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