83R2730 YDB-D
By: Turner of Harris H.B. No. 3377
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a prostitution prevention program;
authorizing a fee.
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 169A to read as follows:
CHAPTER 169A. PROSTITUTION PREVENTION PROGRAM
Sec. 169A.001. PROSTITUTION PREVENTION PROGRAM; PROCEDURES
FOR CERTAIN DEFENDANTS. (a) In this chapter, "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 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 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 other than an offense under Section 43.02(a)(1), Penal
Code; and
(2) is not convicted of any other felony offense
before the second anniversary of the date of the defendant's
successful completion of the program.
Sec. 169A.002. AUTHORITY TO ESTABLISH PROGRAM;
ELIGIBILITY. (a) The commissioners court of a county or governing
body of a municipality may establish a prostitution prevention
program for defendants charged with an offense under Section
43.02(a)(1), Penal Code, in which the defendant offered or agreed
to engage in or engaged in sexual conduct for a fee.
(b) A defendant is eligible to participate in a 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 previously participated in a
prostitution prevention program established under this chapter.
(c) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to participate in the
prostitution prevention program or otherwise proceed through the
criminal justice system.
(d) If a defendant who chooses to participate in the
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. 169A.0025. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties, or the governing
bodies of two or more municipalities, may elect to establish a
regional prostitution prevention program under this chapter for the
participating counties or municipalities.
Sec. 169A.003. PROGRAM POWERS AND DUTIES. (a) A
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. 169A.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 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 prostitution prevention program established
under this chapter.
(c) A 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. 169A.005. FEES. (a) A 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
prostitution prevention program. The fees must be based on the
participant's ability to pay.
Sec. 169A.0055. PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
The commissioners court of a county shall establish a prostitution
prevention program if:
(1) the county has a population of more than 200,000;
and
(2) a municipality in the county has not established a
prostitution prevention program.
(b) A county required under this section to establish a
prostitution prevention program shall apply for federal and state
funds available to pay the costs of the program. The criminal
justice division of the governor's office may assist a county in
applying for federal funds as required by this subsection.
(c) Notwithstanding Subsection (a), a county is required to
establish a prostitution prevention program under this section only
if the county receives federal or state funding specifically for
that purpose.
(d) A county that does not establish a prostitution
prevention program as required by this section and maintain the
program is ineligible to receive from the state funds for a
community supervision and corrections department.
Sec. 169A.006. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
REQUIREMENT. (a) To encourage participation in a 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
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 103.0292 to read as follows:
Sec. 103.0292. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
HEALTH AND SAFETY CODE. A nonrefundable program fee for a
prostitution prevention program established under Section
169A.002, Health and Safety Code, shall be collected under Section
169A.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. Section 772.0061(a)(2), Government Code, is
amended to read as follows:
(2) "Specialty court" means:
(A) a prostitution prevention program
established under Chapter 169A, Health and Safety Code;
(B) a drug court program established under
Chapter 469, Health and Safety Code;
(C) [(B)] a mental health court program
established under Chapter 616, Health and Safety Code; and
(D) [(C)] a veterans court program established
under Chapter 617, Health and Safety Code.
SECTION 4. 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, 2013.