84R22950 MAW-D
By: Johnson H.B. No. 1363
Substitute the following for H.B. No. 1363:
By: Herrero C.S.H.B. No. 1363
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for the offense of
prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 169.001(a), Health and Safety Code, is
amended to read as follows:
(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 commercial sexual exploitation, trafficking of
persons, 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.
SECTION 2. Section 169.003(a), Health and Safety Code, is
amended to read as follows:
(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 commercial sexual
exploitation, trafficking of persons, sex addiction, sexually
transmitted diseases, mental health, and substance abuse; and
(4) provide each participant with classroom
instruction related to the prevention of prostitution.
SECTION 3. Section 169A.001(a), Health and Safety Code, is
amended to read as follows:
(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 commercial sexual exploitation, trafficking of
persons, 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.
SECTION 4. Section 169A.003(a), Health and Safety Code, is
amended to read as follows:
(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 commercial sexual
exploitation, trafficking of persons, sex addiction, sexually
transmitted diseases, mental health, and substance abuse; and
(4) provide each participant with instruction related
to the prevention of prostitution.
SECTION 5. Chapter 32, Code of Criminal Procedure, is
amended by adding Article 32.03 to read as follows:
Art. 32.03. DISMISSAL OF CERTAIN PROSTITUTION OFFENSES. At
any time before trial commences for an offense under Section 43.02,
Penal Code, a court may, on the request of the defendant and with
the consent of the attorney representing the state, defer
proceedings without entering an adjudication of guilt and permit
the defendant to participate in a prostitution prevention program
established under Chapter 169 or 169A, Health and Safety Code, if
the defendant is otherwise eligible to participate in the program
under the applicable chapter. If the defendant successfully
completes the prostitution prevention program not later than the
first anniversary of the date the proceedings were deferred, the
court may dismiss the proceedings against the defendant and
discharge the defendant.
SECTION 6. Section 43.02, Penal Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) An offense under Subsection (a)(1) is a Class C
misdemeanor, except that the offense is:
(1) a Class B misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection
(a)(1); or
(2) a Class A misdemeanor if the actor has previously
been convicted three or more times of an offense under Subsection
(a)(1).
(c-1) An offense under Subsection (a)(2) [this section] is a
Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection
(a)(2) [this section];
(2) a state jail felony if the actor has previously
been convicted three or more times of an offense under Subsection
(a)(2) [this section]; or
(3) a felony of the second degree if the person
solicited is younger than 18 years of age, regardless of whether the
actor knows the age of the person solicited at the time the actor
commits the offense.
SECTION 7. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 8. This Act takes effect September 1, 2015.