Texas 2019 - 86th Regular

Texas House Bill HB3206 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R25526 LHC-F
2		-	By: González of Dallas, Thompson of Harris, H.B. No. 3206
3		-	Collier, White, Moody, et al.
4		-	Substitute the following for H.B. No. 3206:
5		-	By: Collier C.S.H.B. No. 3206
	1	+	By: González of Dallas H.B. No. 3206
6	2
7	3
8	4		A BILL TO BE ENTITLED
9	5		AN ACT
10	6		relating to the prosecution and punishment of the offense of
11		-	prostitution and to a court cost imposed on conviction of certain
12		-	trafficking of persons and prostitution offenses.
	7	+	prostitution, to juvenile court referrals for conduct constituting
	8	+	prostitution, and to a court cost imposed on conviction of certain
	9	+	prostitution offenses.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Subchapter A, Chapter 102, Code of Criminal
15	12		Procedure, is amended by adding Article 102.023 to read as follows:
16	13		Art. 102.023. COURT COSTS: COMMERCIAL SEXUAL EXPLOITATION
17	14		VICTIM FUND. (a) The commercial sexual exploitation victim fund is
18	15		a dedicated account in the general revenue fund.
19		-	(b) A person convicted of an offense under Section ~~20A~~.02,
20		-	~~20A.03, or 43.02(b),~~ Penal Code, shall pay as a cost of court $500
21		-	~~on conviction of the~~ offense.
	16	+	(b) A person convicted of an offense under Section 43.02(b),
	17	+	Penal Code, shall pay as a cost of court $500 on conviction of the
	18	+	offense.
22	19		(c) For purposes of this article, a person is considered to
23	20		have been convicted if:
24	21		(1) a sentence is imposed on the person; or
25	22		(2) the person receives community supervision,
26	23		including deferred adjudication community supervision.
27	24		(d) Court costs under this article are collected in the same
28	25		manner as other fines or costs. An officer collecting the costs
29	26		shall keep separate records of the funds collected as costs under
30	27		this article and shall deposit the funds in the county treasury.
31	28		(e) The custodian of a county treasury shall:
32	29		(1) keep records of the amount of funds on deposit
33	30		collected under this article; and
34	31		(2) send to the comptroller before the last day of the
35	32		first month following each calendar quarter the funds collected
36	33		under this article during the preceding quarter.
37	34		(f) If no funds due as costs under this article are
38	35		deposited in a county treasury in a calendar quarter, the custodian
39	36		of the treasury shall file the report required for the quarter in
40	37		the regular manner and must state that no funds were collected.
41	38		(g) The comptroller shall deposit the funds received under
42	39		this article to the credit of a dedicated account in the general
43	40		revenue fund to be known as the commercial sexual exploitation
44	41		victim fund. The legislature may appropriate money from the
45	42		account only to the criminal justice division of the governor's
46	43		office to enable that division to provide funds for services and
47	44		programs directed toward victims of conduct that constitutes an
48	45		offense under Section 20A.02 or 43.05, Penal Code, including:
49	46		(1) diversion programs for victims who have been
50	47		charged with an offense;
51	48		(2) housing;
52	49		(3) vocational services;
53	50		(4) counseling;
54	51		(5) substance abuse recovery services;
55	52		(6) mental health services; and
56	53		(7) prostitution prevention programs.
57	54		(h) Funds collected under this article are subject to audit
58	55		by the comptroller.
59	56		SECTION 2. Subchapter B, Chapter 102, Government Code, is
60	57		amended by adding Section 102.02111 to read as follows:
61	58		Sec. 102.02111. ADDITIONAL COURT COSTS ON CONVICTION: CODE
62		-	OF CRIMINAL PROCEDURE. A person convicted of an offense under
63		-	Section 20A.02, 20A.03, or 43.02(b), Penal Code, shall pay, in
64		-	addition to all other costs, a court cost on conviction to benefit
65		-	victims of commercial sexual exploitation in this state (Art.
66		-	102.023, Code of Criminal Procedure). . . $500.
67		-	SECTION 3. Section 43.02, Penal Code, is amended by adding
	59	+	OF CRIMINAL PROCEDURE. A person convicted of an offense shall pay,
	60	+	in addition to all other costs, a court cost on conviction to
	61	+	benefit victims of commercial sexual exploitation in this state
	62	+	(Art. 102.023, Code of Criminal Procedure). . . $500.
	63	+	SECTION 3. Section 51.03, Family Code, is amended by
	64	+	amending Subsection (b) and adding Subsection (d) to read as
	65	+	follows:
	66	+	(b) Conduct indicating a need for supervision is:
	67	+	(1) subject to Subsection (f), conduct, other than a
	68	+	traffic offense, that violates:
	69	+	(A) the penal laws of this state of the grade of
	70	+	misdemeanor that are punishable by fine only; or
	71	+	(B) the penal ordinances of any political
	72	+	subdivision of this state;
	73	+	(2) the voluntary absence of a child from the child's
	74	+	home without the consent of the child's parent or guardian for a
	75	+	substantial length of time or without intent to return;
	76	+	(3) conduct prohibited by city ordinance or by state
	77	+	law involving the inhalation of the fumes or vapors of paint and
	78	+	other protective coatings or glue and other adhesives and the
	79	+	volatile chemicals itemized in Section 485.001, Health and Safety
	80	+	Code;
	81	+	(4) an act that violates a school district's
	82	+	previously communicated written standards of student conduct for
	83	+	which the child has been expelled under Section 37.007(c),
	84	+	Education Code;
	85	+	(5) notwithstanding Subsection (a)(1), conduct
	86	+	described by Section 43.02(b) [43.02(a) or (b)], Penal Code; or
	87	+	(6) notwithstanding Subsection (a)(1), conduct that
	88	+	violates Section 43.261, Penal Code.
	89	+	(d) Notwithstanding Subsection (a)(1), conduct that
	90	+	violates Section 43.02(a), Penal Code, is not delinquent conduct or
	91	+	conduct indicating a need for supervision. A child may not be
	92	+	referred to the juvenile court for conduct that violates Section
	93	+	43.02(a), Penal Code.
	94	+	SECTION 4. Section 43.02, Penal Code, is amended by adding
68	95		Subsection (b-1) and amending Subsection (c) to read as follows:
69	96		(b-1) A person may not be prosecuted for an offense under
70	97		Subsection (a) that the person committed when younger than 18 years
71	98		of age.
72		-	(c) An offense under Subsection (a) is a Class B
73		-	misdemeanor, except that the offense is[:
74		-	[(1) a Class A misdemeanor if the actor has ~~previously~~
75		-	been convicted one or two times of an offense under ~~Subsection (a);~~
76		-	or
77		-	[(2)] a Class A misdemeanor [state jail felony] if the
	99	+	(c) An offense under Subsection (a) is a Class C [B]
	100	+	misdemeanor, except that the offense is:
	101	+	(1) a Class B [A] misdemeanor if the actor has
	102	+	previously been convicted one or two times of an offense under
	103	+	Subsection (a); or
	104	+	(2) a Class A misdemeanor [state jail felony] if the
78	105		actor has previously been convicted three or more times of an
79	106		offense under Subsection (a).
80		-	SECTION 4. (a) Article 102.023, Code of Criminal
	107	+	SECTION 5. (a) Article 102.023, Code of Criminal
81	108		Procedure, as added by this Act, applies only to a cost on
82	109		conviction for an offense committed on or after the effective date
83	110		of this Act. An offense committed before the effective date of this
84	111		Act is governed by the law in effect on the date the offense was
85	112		committed, and the former law is continued in effect for that
86	113		purpose.
87		-	(b) Section 43.02, Penal Code, as amended by this Act,
88		-	applies only to an offense committed on or after the effective date
89		-	of this Act. An offense committed before the effective date of this
90		-	Act is governed by the law in effect on the date the offense was
91		-	committed, and the former law is continued in effect for that
92		-	purpose.
	114	+	(b) Section 51.03, Family Code, and Section 43.02, Penal
	115	+	Code, as amended by this Act, apply only to an offense committed or
	116	+	conduct that occurs on or after the effective date of this Act. An
	117	+	offense committed or conduct that occurs before the effective date
	118	+	of this Act is governed by the law in effect on the date the offense
	119	+	was committed or the conduct occurred, and the former law is
	120	+	continued in effect for that purpose.
93	121		(c) For the purposes of this section, an offense was
94		-	committed before the effective date of this Act ~~if any element of~~
95		-	the offense occurred before that date.
96		-	SECTION 5. This Act takes effect September 1, 2019.
	122	+	committed or conduct occurred before the effective date of this Act
	123	+	if any element of the offense or conduct occurred before that date.
	124	+	SECTION 6. This Act takes effect September 1, 2019.