Texas 2015 - 84th Regular

Texas Senate Bill SB536 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Whitmire S.B. No. 536
2		-	(Thompson of Harris)
	1	+	S.B. No. 536
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the designation of certain prostitution prevention
8	6		programs as commercially sexually exploited persons court
9	7		programs.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Chapter 169A, Health and Safety Code, is
12	10		transferred to Subtitle K, Title 2, Government Code, as added by
13	11		Chapter 747 (S.B. 462), Acts of the 83rd Legislature, Regular
14	12		Session, 2013, redesignated as Chapter 126, Government Code, and
15	13		amended to read as follows:
16	14		CHAPTER 126. COMMERCIALLY SEXUALLY EXPLOITED PERSONS COURT [169A.
17	15		PROSTITUTION PREVENTION] PROGRAM
18	16		Sec. 126.001 [169A.001]. COMMERCIALLY SEXUALLY EXPLOITED
19	17		PERSONS COURT [PROSTITUTION PREVENTION] PROGRAM; PROCEDURES FOR
20	18		CERTAIN DEFENDANTS. (a) In this chapter, "commercially sexually
21	19		exploited persons court ["prostitution prevention] program" means
22	20		a program that has the following essential characteristics:
23	21		(1) the integration of services in the processing of
24	22		cases in the judicial system;
25	23		(2) the use of a nonadversarial approach involving
26	24		prosecutors and defense attorneys to promote public safety, to
27	25		reduce the demand for the commercial sex trade and trafficking of
28	26		persons by educating offenders, and to protect the due process
29	27		rights of program participants;
30	28		(3) early identification and prompt placement of
31	29		eligible participants in the program;
32	30		(4) access to information, counseling, and services
33	31		relating to sex addiction, sexually transmitted diseases, mental
34	32		health, and substance abuse;
35	33		(5) a coordinated strategy to govern program responses
36	34		to participant compliance;
37	35		(6) monitoring and evaluation of program goals and
38	36		effectiveness;
39	37		(7) continuing interdisciplinary education to promote
40	38		effective program planning, implementation, and operations; and
41	39		(8) development of partnerships with public agencies
42	40		and community organizations.
43	41		(b) If a defendant successfully completes a commercially
44	42		sexually exploited persons court [prostitution prevention]
45	43		program, regardless of whether the defendant was convicted of the
46	44		offense for which the defendant entered the program or whether the
47	45		court deferred further proceedings without entering an
48	46		adjudication of guilt, after notice to the state and a hearing on
49	47		whether the defendant is otherwise entitled to the petition,
50	48		including whether the required time has elapsed, and whether
51	49		issuance of the order is in the best interest of justice, the court
52	50		shall enter an order of nondisclosure under Section 411.081[,
53	51		Government Code,] as if the defendant had received a discharge and
54	52		dismissal under Section 5(c), Article 42.12, Code of Criminal
55	53		Procedure, with respect to all records and files related to the
56	54		defendant's arrest for the offense for which the defendant entered
57	55		the program.
58	56		Sec. 126.002 [169A.002]. AUTHORITY TO ESTABLISH PROGRAM;
59	57		ELIGIBILITY. (a) The commissioners court of a county or governing
60	58		body of a municipality may establish a commercially sexually
61	59		exploited persons court [prostitution prevention] program for
62	60		defendants charged with an offense under Section 43.02(a)(1), Penal
63	61		Code, in which the defendant offered or agreed to engage in or
64	62		engaged in sexual conduct for a fee.
65	63		(b) A defendant is eligible to participate in a commercially
66	64		sexually exploited persons court [prostitution prevention] program
67	65		established under this chapter only if the attorney representing
68	66		the state consents to the defendant's participation in the program.
69	67		(c) The court in which the criminal case is pending shall
70	68		allow an eligible defendant to choose whether to participate in the
71	69		commercially sexually exploited persons court [prostitution
72	70		prevention] program or otherwise proceed through the criminal
73	71		justice system.
74	72		Sec. 126.003 [169A.0025]. ESTABLISHMENT OF REGIONAL
75	73		PROGRAM. The commissioners courts of two or more counties, or the
76	74		governing bodies of two or more municipalities, may elect to
77	75		establish a regional commercially sexually exploited persons court
78	76		[prostitution prevention] program under this chapter for the
79	77		participating counties or municipalities.
80	78		Sec. 126.004 [169A.003]. PROGRAM POWERS AND DUTIES. (a) A
81	79		commercially sexually exploited persons court [prostitution
82	80		prevention] program established under this chapter must:
83	81		(1) ensure that a person eligible for the program is
84	82		provided legal counsel before volunteering to proceed through the
85	83		program and while participating in the program;
86	84		(2) allow any participant to withdraw from the program
87	85		at any time before a trial on the merits has been initiated;
88	86		(3) provide each participant with information,
89	87		counseling, and services relating to sex addiction, sexually
90	88		transmitted diseases, mental health, and substance abuse; and
91	89		(4) provide each participant with instruction related
92	90		to the prevention of prostitution.
93	91		(b) To provide each program participant with information,
94	92		counseling, and services described by Subsection (a)(3), a program
95	93		established under this chapter may employ a person or solicit a
96	94		volunteer who is:
97	95		(1) a health care professional;
98	96		(2) a psychologist;
99	97		(3) a licensed social worker or counselor;
100	98		(4) a former prostitute;
101	99		(5) a family member of a person arrested for
102	100		soliciting prostitution;
103	101		(6) a member of a neighborhood association or
104	102		community that is adversely affected by the commercial sex trade or
105	103		trafficking of persons; or
106	104		(7) an employee of a nongovernmental organization
107	105		specializing in advocacy or laws related to sex trafficking or
108	106		human trafficking or in providing services to victims of those
109	107		offenses.
110	108		(c) A program established under this chapter shall
111	109		establish and publish local procedures to promote maximum
112	110		participation of eligible defendants in programs established in the
113	111		county or municipality in which the defendants reside.
114	112		Sec. 126.005 [169A.004]. DOCUMENTATION REGARDING
115	113		INSUFFICIENT FUNDING. [OVERSIGHT. (a) The lieutenant governor
116	114		and the speaker of the house of representatives may assign to
117	115		appropriate legislative committees duties relating to the
118	116		oversight of prostitution prevention programs established under
119	117		this chapter.
120	118		[(b) A legislative committee or the governor may request the
121	119		state auditor to perform a management, operations, or financial or
122	120		accounting audit of a prostitution prevention program established
123	121		under this chapter.
124	122		[(c)] A legislative committee may require a county that does
125	123		not establish a commercially sexually exploited persons court
126	124		[prostitution prevention] program under this chapter due to a lack
127	125		of sufficient funding, as provided by Section 126.007(c)
128	126		[169A.0055(c)], to provide the committee with any documentation in
129	127		the county's possession that concerns federal or state funding
130	128		received by the county.
131	129		[(d) A prostitution prevention program established under
132	130		this chapter shall:
133	131		[(1) notify the criminal justice division of the
134	132		governor's office before or on implementation of the program; and
135	133		[(2) provide information regarding the performance of
136	134		the program to the division on request.]
137	135		Sec. 126.006 [169A.005]. FEES. (a) A commercially
138	136		sexually exploited persons court [prostitution prevention] program
139	137		established under this chapter may collect from a participant in
140	138		the program a nonrefundable program fee in a reasonable amount not
141	139		to exceed $1,000, from which the following must be paid:
142	140		(1) a counseling and services fee in an amount
143	141		necessary to cover the costs of the counseling and services
144	142		provided by the program;
145	143		(2) a victim services fee in an amount equal to 10
146	144		percent of the amount paid under Subdivision (1), to be deposited to
147	145		the credit of the general revenue fund to be appropriated only to
148	146		cover costs associated with the grant program described by Section
149	147		531.383[, Government Code]; and
150	148		(3) a law enforcement training fee, in an amount equal
151	149		to five percent of the total amount paid under Subdivision (1), to
152	150		be deposited to the credit of the treasury of the county or
153	151		municipality that established the program to cover costs associated
154	152		with the provision of training to law enforcement personnel on
155	153		domestic violence, prostitution, and the trafficking of persons.
156	154		(b) Fees collected under this section may be paid on a
157	155		periodic basis or on a deferred payment schedule at the discretion
158	156		of the judge, magistrate, or coordinator [program director
159	157		administering the prostitution prevention program]. The fees must
160	158		be based on the participant's ability to pay.
161	159		Sec. 126.007 [169A.0055]. PROGRAM IN CERTAIN COUNTIES
162	160		MANDATORY. (a) If a municipality in the county has not
163	161		established a commercially sexually exploited persons court
164	162		program, the [The] commissioners court of a county with a
165	163		population of more than 200,000 shall:
166	164		(1) establish a commercially sexually exploited
167	165		persons court [prostitution prevention] program under this
168	166		chapter; and
169	167		(2) direct the judge, magistrate, or coordinator to
170	168		comply with Section 121.002(c)(1) [if:
171	169		[(1) the county has a population of more than 200,000;
172	170		and
173	171		[(2) a municipality in the county has not established
174	172		a prostitution prevention program].
175	173		(b) A county required under this section to establish a
176	174		commercially sexually exploited persons court [prostitution
177	175		prevention] program shall apply for federal and state funds
178	176		available to pay the costs of the program. The criminal justice
179	177		division of the governor's office may assist a county in applying
180	178		for federal funds as required by this subsection.
181	179		(b-1) A county may apply to the criminal justice division of
182	180		the governor's office for a grant for the establishment or
183	181		operation of a commercially sexually exploited persons court
184	182		program.
185	183		(c) Notwithstanding Subsection (a), a county is required to
186	184		establish a commercially sexually exploited persons court
187	185		[prostitution prevention] program under this section only if:
188	186		(1) the county receives sufficient federal or state
189	187		funding specifically for that purpose; and
190	188		(2) the judge, magistrate, or coordinator receives the
191	189		verification described by Section 121.002(c)(2).
192	190		(d) A county that does not establish a commercially sexually
193	191		exploited persons court [prostitution prevention] program as
194	192		required by this section and maintain the program is ineligible to
195	193		receive [from the state] funds for a community supervision and
196	194		corrections department from the state.
197	195		Sec. 126.008 [169A.006]. SUSPENSION OR DISMISSAL OF
198	196		COMMUNITY SERVICE REQUIREMENT. (a) To encourage participation in
199	197		a commercially sexually exploited persons court [prostitution
200	198		prevention] program established under this chapter, the judge or
201	199		magistrate administering the program may suspend any requirement
202	200		that, as a condition of community supervision, a participant in the
203	201		program work a specified number of hours at a community service
204	202		project.
205	203		(b) On a participant's successful completion of a
206	204		commercially sexually exploited persons court [prostitution
207	205		prevention] program, a judge or magistrate may excuse the
208	206		participant from any condition of community supervision previously
209	207		suspended under Subsection (a).
210	208		SECTION 2. Section 103.0292, Government Code, as added by
211	209		Chapter 1167 (S.B. 484), Acts of the 83rd Legislature, Regular
212	210		Session, 2013, is amended to read as follows:
213	211		Sec. 103.0292. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
214	212		GOVERNMENT [HEALTH AND SAFETY] CODE. A nonrefundable program fee
215	213		for a commercially sexually exploited persons court [prostitution
216	214		prevention] program established under Chapter 126 [Section
217	215		169A.002, Health and Safety Code,] shall be collected under Section
218	216		126.006 [169A.005, Health and Safety Code,] in a reasonable amount
219	217		based on the defendant's ability to pay and not to exceed $1,000,
220	218		which includes:
221	219		(1) a counseling and services fee in an amount
222	220		necessary to cover the costs of counseling and services provided by
223	221		the program;
224	222		(2) a victim services fee in an amount equal to 10
225	223		percent of the total fee; and
226	224		(3) a law enforcement training fee in an amount equal
227	225		to five percent of the total fee.
228	226		SECTION 3. Section 772.0061(a)(2), Government Code, as
229	227		amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the
230	228		83rd Legislature, Regular Session, 2013, is reenacted and amended
231	229		to read as follows:
232	230		(2) "Specialty court" means:
233	231		(A) a commercially sexually exploited persons
234	232		court [prostitution prevention] program established under Chapter
235	233		126 or former law [Chapter 169A, Health and Safety Code];
236	234		(B) a family drug court program established under
237	235		Chapter 122 or former law;
238	236		(C) [(B)] a drug court program established under
239	237		Chapter 123 or former law;
240	238		(D) [(C)] a veterans court program established
241	239		under Chapter 124 or former law; and
242	240		(E) [(D)] a mental health court program
243	241		established under Chapter 125 or former law.
244	242		SECTION 4. To the extent of any conflict, this Act prevails
245	243		over another Act of the 84th Legislature, Regular Session, 2015,
246	244		relating to nonsubstantive additions to and corrections in enacted
247	245		codes.
248	246		SECTION 5. This Act takes effect immediately if it receives
249	247		a vote of two-thirds of all the members elected to each house, as
250	248		provided by Section 39, Article III, Texas Constitution. If this
251	249		Act does not receive the vote necessary for immediate effect, this
252	250		Act takes effect September 1, 2015.
	251	+	______________________________ ______________________________
	252	+	President of the Senate Speaker of the House
	253	+	I hereby certify that S.B. No. 536 passed the Senate on
	254	+	March 25, 2015, by the following vote: Yeas 31, Nays 0.
	255	+	______________________________
	256	+	Secretary of the Senate
	257	+	I hereby certify that S.B. No. 536 passed the House on
	258	+	May 22, 2015, by the following vote: Yeas 136, Nays 4,
	259	+	two present not voting.
	260	+	______________________________
	261	+	Chief Clerk of the House
	262	+	Approved:
	263	+	______________________________
	264	+	Date
	265	+	______________________________
	266	+	Governor