84R1787 GCB-D
By: Whitmire S.B. No. 536
A BILL TO BE ENTITLED
AN ACT
relating to the designation of certain prostitution prevention
programs as commercially sexually exploited persons programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 169A, Health and Safety Code, is
transferred to Subtitle K, Title 2, Government Code, as added by
Chapter 747 (S.B. 462), Acts of the 83rd Legislature, Regular
Session, 2013, redesignated as Chapter 126, Government Code, and
amended to read as follows:
CHAPTER 126. COMMERCIALLY SEXUALLY EXPLOITED PERSONS [169A.
PROSTITUTION PREVENTION] PROGRAM
Sec. 126.001 [169A.001]. COMMERCIALLY SEXUALLY EXPLOITED
PERSONS [PROSTITUTION PREVENTION] PROGRAM; PROCEDURES FOR CERTAIN
DEFENDANTS. (a) In this chapter, "commercially sexually exploited
persons ["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 commercially
sexually exploited persons [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.
Sec. 126.002 [169A.002]. AUTHORITY TO ESTABLISH PROGRAM;
ELIGIBILITY. (a) The commissioners court of a county or governing
body of a municipality may establish a commercially sexually
exploited persons [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 commercially
sexually exploited persons [prostitution prevention] program
established under this chapter only if the attorney representing
the state consents to the defendant's participation in the program.
(c) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to participate in the
commercially sexually exploited persons [prostitution prevention]
program or otherwise proceed through the criminal justice system.
Sec. 126.003 [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 commercially sexually exploited persons
[prostitution prevention] program under this chapter for the
participating counties or municipalities.
Sec. 126.004 [169A.003]. PROGRAM POWERS AND DUTIES. (a) A
commercially sexually exploited persons [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 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. 126.005 [169A.004]. DOCUMENTATION REGARDING
INSUFFICIENT FUNDING. [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 legislative committee may require a county that does
not establish a commercially sexually exploited persons
[prostitution prevention] program under this chapter due to a lack
of sufficient funding, as provided by Section 126.007(c)
[169A.0055(c)], to provide the committee with any documentation in
the county's possession that concerns federal or state funding
received by the county.
[(d) 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. 126.006 [169A.005]. FEES. (a) A commercially
sexually exploited persons [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 coordinator [program director
administering the prostitution prevention program]. The fees must
be based on the participant's ability to pay.
Sec. 126.007 [169A.0055]. PROGRAM IN CERTAIN COUNTIES
MANDATORY. (a) If a municipality in the county has not established
a commercially sexually exploited persons program, the [The]
commissioners court of a county with a population of more than
200,000 shall:
(1) establish a commercially sexually exploited
persons [prostitution prevention] program under this chapter; and
(2) direct the judge, magistrate, or coordinator to
comply with Section 121.002(c)(1) [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
commercially sexually exploited persons [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.
(b-1) A county may apply to the criminal justice division of
the governor's office for a grant for the establishment or
operation of a commercially sexually exploited persons program.
(c) Notwithstanding Subsection (a), a county is required to
establish a commercially sexually exploited persons [prostitution
prevention] program under this section only if:
(1) the county receives sufficient federal or state
funding specifically for that purpose; and
(2) the judge, magistrate, or coordinator receives the
verification described by Section 121.002(c)(2).
(d) A county that does not establish a commercially sexually
exploited persons [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 from the state.
Sec. 126.008 [169A.006]. SUSPENSION OR DISMISSAL OF
COMMUNITY SERVICE REQUIREMENT. (a) To encourage participation in
a commercially sexually exploited persons [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
commercially sexually exploited persons [prostitution prevention]
program, a judge or magistrate may excuse the participant from any
condition of community supervision previously suspended under
Subsection (a).
SECTION 2. Section 103.0292, Government Code, as added by
Chapter 1167 (S.B. 484), Acts of the 83rd Legislature, Regular
Session, 2013, is amended to read as follows:
Sec. 103.0292. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
GOVERNMENT [HEALTH AND SAFETY] CODE. A nonrefundable program fee
for a commercially sexually exploited persons [prostitution
prevention] program established under Chapter 126 [Section
169A.002, Health and Safety Code,] shall be collected under Section
126.006 [169A.005, Health and Safety Code,] in a reasonable amount
based on the defendant's ability to pay and 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, as
amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
(2) "Specialty court" means:
(A) a commercially sexually exploited persons
[prostitution prevention] program established under Chapter 126 or
former law [Chapter 169A, Health and Safety Code];
(B) a family drug court program established under
Chapter 122 or former law;
(C) [(B)] a drug court program established under
Chapter 123 or former law;
(D) [(C)] a veterans court program established
under Chapter 124 or former law; and
(E) [(D)] a mental health court program
established under Chapter 125 or former law.
SECTION 4. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. 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, 2015.