Texas 2017 - 85th Regular

Texas House Bill HB1218 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R6060 MAW-F
2	2	By: Johnson of Dallas H.B. No. 1218
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and punishment for the offense of
8	8	prostitution.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 43.02, Penal Code, as amended by
11	11	Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th
12	12	Legislature, Regular Session, 2015, is amended by reenacting and
13	13	amending Subsection (c) and reenacting Subsection (c-1) to read as
14	14	follows:
15	15	(c) An offense under Subsection (a) is a Class B
16	16	misdemeanor, except that the offense is:
17	17	(1) a Class A misdemeanor if the actor has previously
18	18	been convicted three, four, or five [one or two] times of an offense
19	19	under Subsection (a); or
20	20	(2) a state jail felony if the actor has previously
21	21	been convicted six [three] or more times of an offense under
22	22	Subsection (a).
23	23	(c-1) An offense under Subsection (b) is a Class B
24	24	misdemeanor, except that the offense is:
25	25	(1) a Class A misdemeanor if the actor has previously
26	26	been convicted one or two times of an offense under Subsection (b);
27	27	(2) a state jail felony if the actor has previously
28	28	been convicted three or more times of an offense under Subsection
29	29	(b); or
30	30	(3) a felony of the second degree if the person
31	31	solicited is:
32	32	(A) younger than 18 years of age, regardless of
33	33	whether the actor knows the age of the person solicited at the time
34	34	the actor commits the offense;
35	35	(B) represented to the actor as being younger
36	36	than 18 years of age; or
37	37	(C) believed by the actor to be younger than 18
38	38	years of age.
39	39	SECTION 2. Chapter 32, Code of Criminal Procedure, is
40	40	amended by adding Article 32.03 to read as follows:
41	41	Art. 32.03. DISMISSAL OF CERTAIN PROSTITUTION OFFENSES. At
42	42	any time before trial commences for an offense under Section 43.02,
43	43	Penal Code, a court may, on the request of the defendant and with
44	44	the consent of the attorney representing the state, defer
45	45	proceedings without entering an adjudication of guilt and permit
46	46	the defendant to participate in a commercially sexually exploited
47	47	persons court program established under Chapter 126, Government
48	48	Code, or in a first offender prostitution prevention program
49	49	established under Chapter 169, Health and Safety Code, if the
50	50	defendant is otherwise eligible to participate in the program under
51	51	the applicable chapter. If the defendant successfully completes
52	52	the commercially sexually exploited persons court program or
53	53	prostitution prevention program, the court may dismiss the
54	54	proceedings against the defendant and discharge the defendant.
55	55	SECTION 3. Article 62.001(5), Code of Criminal Procedure,
56	56	is amended to read as follows:
57	57	(5) "Reportable conviction or adjudication" means a
58	58	conviction or adjudication, including an adjudication of
59	59	delinquent conduct or a deferred adjudication, that, regardless of
60	60	the pendency of an appeal, is a conviction for or an adjudication
61	61	for or based on:
62	62	(A) a violation of Section 21.02 (Continuous
63	63	sexual abuse of young child or children), 21.11 (Indecency with a
64	64	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
65	65	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
66	66	(B) a violation of Section 43.05 (Compelling
67	67	prostitution), 43.25 (Sexual performance by a child), or 43.26
68	68	(Possession or promotion of child pornography), Penal Code;
69	69	(B-1) a violation of Section 43.02
70	70	(Prostitution), Penal Code, if the offense is punishable under
71	71	Subsection (c-1)(3) [(c)(3)] of that section;
72	72	(C) a violation of Section 20.04(a)(4)
73	73	(Aggravated kidnapping), Penal Code, if the actor committed the
74	74	offense or engaged in the conduct with intent to violate or abuse
75	75	the victim sexually;
76	76	(D) a violation of Section 30.02 (Burglary),
77	77	Penal Code, if the offense or conduct is punishable under
78	78	Subsection (d) of that section and the actor committed the offense
79	79	or engaged in the conduct with intent to commit a felony listed in
80	80	Paragraph (A) or (C);
81	81	(E) a violation of Section 20.02 (Unlawful
82	82	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
83	83	Penal Code, if, as applicable:
84	84	(i) the judgment in the case contains an
85	85	affirmative finding under Article 42.015; or
86	86	(ii) the order in the hearing or the papers
87	87	in the case contain an affirmative finding that the victim or
88	88	intended victim was younger than 17 years of age;
89	89	(F) the second violation of Section 21.08
90	90	(Indecent exposure), Penal Code, but not if the second violation
91	91	results in a deferred adjudication;
92	92	(G) an attempt, conspiracy, or solicitation, as
93	93	defined by Chapter 15, Penal Code, to commit an offense or engage in
94	94	conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
95	95	(H) a violation of the laws of another state,
96	96	federal law, the laws of a foreign country, or the Uniform Code of
97	97	Military Justice for or based on the violation of an offense
98	98	containing elements that are substantially similar to the elements
99	99	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
100	100	(G), (J), or (K), but not if the violation results in a deferred
101	101	adjudication;
102	102	(I) the second violation of the laws of another
103	103	state, federal law, the laws of a foreign country, or the Uniform
104	104	Code of Military Justice for or based on the violation of an offense
105	105	containing elements that are substantially similar to the elements
106	106	of the offense of indecent exposure, but not if the second violation
107	107	results in a deferred adjudication;
108	108	(J) a violation of Section 33.021 (Online
109	109	solicitation of a minor), Penal Code; or
110	110	(K) a violation of Section 20A.02(a)(3), (4),
111	111	(7), or (8) (Trafficking of persons), Penal Code.
112	112	SECTION 4. Section 126.001(a), Government Code, is amended
113	113	to read as follows:
114	114	(a) In this chapter, "commercially sexually exploited
115	115	persons court program" means a program that has the following
116	116	essential characteristics:
117	117	(1) the integration of services in the processing of
118	118	cases in the judicial system;
119	119	(2) the use of a nonadversarial approach involving
120	120	prosecutors and defense attorneys to promote public safety, to
121	121	reduce the demand for the commercial sex trade and trafficking of
122	122	persons by educating offenders, and to protect the due process
123	123	rights of program participants;
124	124	(3) early identification and prompt placement of
125	125	eligible participants in the program;
126	126	(4) access to information, counseling, and services
127	127	relating to commercial sexual exploitation, trafficking of
128	128	persons, sex addiction, sexually transmitted diseases, mental
129	129	health, and substance abuse;
130	130	(5) a coordinated strategy to govern program responses
131	131	to participant compliance;
132	132	(6) monitoring and evaluation of program goals and
133	133	effectiveness;
134	134	(7) continuing interdisciplinary education to promote
135	135	effective program planning, implementation, and operations; and
136	136	(8) development of partnerships with public agencies
137	137	and community organizations.
138	138	SECTION 5. Section 126.004(a), Government Code, is amended
139	139	to read as follows:
140	140	(a) A commercially sexually exploited persons court program
141	141	established under this chapter must:
142	142	(1) ensure that a person eligible for the program is
143	143	provided legal counsel before volunteering to proceed through the
144	144	program and while participating in the program;
145	145	(2) allow any participant to withdraw from the program
146	146	at any time before a trial on the merits has been initiated;
147	147	(3) provide each participant with information,
148	148	counseling, and services relating to commercial sexual
149	149	exploitation, trafficking of persons, sex addiction, sexually
150	150	transmitted diseases, mental health, and substance abuse; and
151	151	(4) provide each participant with instruction related
152	152	to the prevention of prostitution.
153	153	SECTION 6. Section 402.035(d), Government Code, as amended
154	154	by Chapters 146 (H.B. 188) and 332 (H.B. 10), Acts of the 84th
155	155	Legislature, Regular Session, 2015, is reenacted and amended to
156	156	read as follows:
157	157	(d) The task force shall:
158	158	(1) collaborate, as needed to fulfill the duties of
159	159	the task force, with:
160	160	(A) United States attorneys' offices [Attorneys'
161	161	Offices] for all of the federal districts of Texas; and
162	162	(B) special agents or customs and border
163	163	protection officers and border patrol agents of:
164	164	(i) the Federal Bureau of Investigation;
165	165	(ii) the United States Drug Enforcement
166	166	Administration;
167	167	(iii) the Bureau of Alcohol, Tobacco,
168	168	Firearms and Explosives;
169	169	(iv) United States Immigration and Customs
170	170	Enforcement; or
171	171	(v) the United States Department of
172	172	Homeland Security;
173	173	(2) collect, organize, and periodically publish
174	174	statistical data on the nature and extent of human trafficking in
175	175	this state, including data described by Subdivisions (4)(A), (B),
176	176	(C), (D), and (E);
177	177	(3) solicit cooperation and assistance from state and
178	178	local governmental agencies, political subdivisions of the state,
179	179	nongovernmental organizations, and other persons, as appropriate,
180	180	for the purpose of collecting and organizing statistical data under
181	181	Subdivision (2);
182	182	(4) ensure that each state or local governmental
183	183	agency and political subdivision of the state and each state or
184	184	local law enforcement agency, district attorney, or county attorney
185	185	that assists in the prevention of human trafficking collects
186	186	statistical data related to human trafficking, including, as
187	187	appropriate:
188	188	(A) the number of investigations concerning,
189	189	arrests and prosecutions for, and convictions of:
190	190	(i) the offense of trafficking of persons;
191	191	(ii) the offense of forgery or an offense
192	192	under Chapter 43, Penal Code, if the offense was committed as part
193	193	of a criminal episode involving the trafficking of persons; and
194	194	(iii) an offense punishable under Section
195	195	43.02(c-1)(3) [43.02(c)(3)], Penal Code, regardless of whether the
196	196	offense was committed as part of a criminal episode involving the
197	197	trafficking of persons;
198	198	(B) demographic information on persons who are
199	199	convicted of offenses described by Paragraph (A) and persons who
200	200	are the victims of those offenses;
201	201	(C) geographic routes by which human trafficking
202	202	victims are trafficked, including routes by which victims are
203	203	trafficked across this state's international border, and
204	204	geographic patterns in human trafficking, including the country or
205	205	state of origin and the country or state of destination;
206	206	(D) means of transportation and methods used by
207	207	persons who engage in trafficking to transport their victims; and
208	208	(E) social and economic factors that create a
209	209	demand for the labor or services that victims of human trafficking
210	210	are forced to provide;
211	211	(5) work with the Texas Commission on Law Enforcement
212	212	to develop and conduct training for law enforcement personnel,
213	213	victim service providers, and medical service providers to identify
214	214	victims of human trafficking;
215	215	(6) work with the Texas Education Agency, the
216	216	Department of Family and Protective Services, and the Health and
217	217	Human Services Commission to:
218	218	(A) develop a list of key indicators that a
219	219	person is a victim of human trafficking;
220	220	(B) develop a standardized curriculum for
221	221	training doctors, nurses, emergency medical services personnel,
222	222	teachers, school counselors, school administrators, and personnel
223	223	from the Department of Family and Protective Services and the
224	224	Health and Human Services Commission to identify and assist victims
225	225	of human trafficking;
226	226	(C) train doctors, nurses, emergency medical
227	227	services personnel, teachers, school counselors, school
228	228	administrators, and personnel from the Department of Family and
229	229	Protective Services and the Health and Human Services Commission to
230	230	identify and assist victims of human trafficking;
231	231	(D) develop and conduct training for personnel
232	232	from the Department of Family and Protective Services and the
233	233	Health and Human Services Commission on methods for identifying
234	234	children in foster care who may be at risk of becoming victims of
235	235	human trafficking; and
236	236	(E) develop a process for referring identified
237	237	human trafficking victims and individuals at risk of becoming
238	238	victims to appropriate entities for services;
239	239	(7) on the request of a judge of a county court, county
240	240	court at law, or district court or a county attorney, district
241	241	attorney, or criminal district attorney, assist and train the judge
242	242	or the judge's staff or the attorney or the attorney's staff in the
243	243	recognition and prevention of human trafficking;
244	244	(8) examine training protocols related to human
245	245	trafficking issues, as developed and implemented by federal, state,
246	246	and local law enforcement agencies;
247	247	(9) collaborate with state and local governmental
248	248	agencies, political subdivisions of the state, and nongovernmental
249	249	organizations to implement a media awareness campaign in
250	250	communities affected by human trafficking;
251	251	(10) develop recommendations on how to strengthen
252	252	state and local efforts to prevent human trafficking, protect and
253	253	assist human trafficking victims, curb markets and other economic
254	254	avenues that facilitate human trafficking and investigate and
255	255	prosecute human trafficking offenders;
256	256	(11) examine the extent to which human trafficking is
257	257	associated with the operation of sexually oriented businesses, as
258	258	defined by Section 243.002, Local Government Code, and the
259	259	workplace or public health concerns that are created by the
260	260	association of human trafficking and the operation of sexually
261	261	oriented businesses; [and]
262	262	(12) develop recommendations for addressing the
263	263	demand for forced labor or services or sexual conduct involving
264	264	victims of human trafficking, including recommendations for
265	265	increased penalties for individuals who engage or attempt to engage
266	266	in prostitution with victims younger than 18 years of age; and
267	267	(13) [(12)] identify and report to the governor and
268	268	legislature on laws, licensure requirements, or other regulations
269	269	that can be passed at the state and local level to curb trafficking
270	270	using the Internet and in sexually oriented businesses.
271	271	SECTION 7. Section 169.001(a), Health and Safety Code, is
272	272	amended to read as follows:
273	273	(a) In this chapter, "first offender prostitution
274	274	prevention program" means a program that has the following
275	275	essential characteristics:
276	276	(1) the integration of services in the processing of
277	277	cases in the judicial system;
278	278	(2) the use of a nonadversarial approach involving
279	279	prosecutors and defense attorneys to promote public safety, to
280	280	reduce the demand for the commercial sex trade and trafficking of
281	281	persons by educating offenders, and to protect the due process
282	282	rights of program participants;
283	283	(3) early identification and prompt placement of
284	284	eligible participants in the program;
285	285	(4) access to information, counseling, and services
286	286	relating to commercial sexual exploitation, trafficking of
287	287	persons, sex addiction, sexually transmitted diseases, mental
288	288	health, and substance abuse;
289	289	(5) a coordinated strategy to govern program responses
290	290	to participant compliance;
291	291	(6) monitoring and evaluation of program goals and
292	292	effectiveness;
293	293	(7) continuing interdisciplinary education to promote
294	294	effective program planning, implementation, and operations; and
295	295	(8) development of partnerships with public agencies
296	296	and community organizations.
297	297	SECTION 8. Section 169.003(a), Health and Safety Code, is
298	298	amended to read as follows:
299	299	(a) A first offender prostitution prevention program
300	300	established under this chapter must:
301	301	(1) ensure that a person eligible for the program is
302	302	provided legal counsel before volunteering to proceed through the
303	303	program and while participating in the program;
304	304	(2) allow any participant to withdraw from the program
305	305	at any time before a trial on the merits has been initiated;
306	306	(3) provide each participant with information,
307	307	counseling, and services relating to commercial sexual
308	308	exploitation, trafficking of persons, sex addiction, sexually
309	309	transmitted diseases, mental health, and substance abuse; and
310	310	(4) provide each participant with classroom
311	311	instruction related to the prevention of prostitution.
312	312	SECTION 9. The change in law made by this Act applies only
313	313	to an offense committed on or after the effective date of this Act.
314	314	An offense committed before the effective date of this Act is
315	315	governed by the law in effect on the date the offense was committed,
316	316	and the former law is continued in effect for that purpose. For
317	317	purposes of this section, an offense was committed before the
318	318	effective date of this Act if any element of the offense occurred
319	319	before that date.
320	320	SECTION 10. To the extent of any conflict, this Act prevails
321	321	over another Act of the 85th Legislature, Regular Session, 2017,
322	322	relating to nonsubstantive additions to and corrections in enacted
323	323	codes.
324	324	SECTION 11. This Act takes effect September 1, 2017.