Texas 2019 - 86th Regular

Texas House Bill HB4104 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R27368~~ MAW-D
	1	+	86R7493 MAW-D
2	2		By: White H.B. No. 4104
3		-	Substitute the following for H.B. No. 4104:
4		-	By: Sherman, Sr. C.S.H.B. No. 4104
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the punishment for the ~~offense of prostitution and to~~
10		-	programs for certain defendants ~~charged with or convicted of~~
11		-	prostitution.
	7	+	relating to the sentencing procedures and punishment for the
	8	+	offense of prostitution and to programs for certain defendants
	9	+	charged with or convicted of prostitution.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Article 42A.551, Code of Criminal Procedure, is
	11	+	SECTION 1. Chapter 42, Code of Criminal Procedure, is
	12	+	amended by adding Article 42.021 to read as follows:
	13	+	Art. 42.021. USE OF SCREENING TOOL FOR SENTENCING PURPOSES
	14	+	IN CERTAIN PROSTITUTION CASES. In a case in which the judge will
	15	+	assess punishment for a defendant convicted of an offense under
	16	+	Section 43.02(a), Penal Code, the judge shall use the screening
	17	+	tool developed under Section 72.033, Government Code, to determine
	18	+	whether the defendant is a victim of human trafficking and to inform
	19	+	the judge's sentencing decision.
	20	+	SECTION 2. Article 42A.551, Code of Criminal Procedure, is
14	21		amended by adding Subsection (a-1) and amending Subsection (d) to
15	22		read as follows:
16	23		(a-1) Notwithstanding Subsection (b), on the defendant's
17	24		conviction of a state jail felony under Section 43.02(c)(2), Penal
18	25		Code, that is punished under Section 12.35(a), Penal Code, the
19	26		judge shall suspend the imposition of the sentence and place the
20	27		defendant on community supervision. This subsection does not apply
21	28		to a defendant who has previously been convicted of any other state
22	29		jail felony under Section 43.02(c)(2), Penal Code, that is punished
23	30		under Section 12.35, Penal Code.
24	31		(d) On conviction of a state jail felony punished under
25	32		Section 12.35(a), Penal Code, other than a state jail felony listed
26	33		in Subsection (a) or to which Subsection (a-1) applies, subject to
27	34		Subsection (e), the judge may:
28	35		(1) suspend the imposition of the sentence and place
29	36		the defendant on community supervision; or
30	37		(2) order the sentence to be executed:
31	38		(A) in whole; or
32	39		(B) in part, with a period of community
33	40		supervision to begin immediately on release of the defendant from
34	41		confinement.
35		-	SECTION 2. Article 42A.554, Code of Criminal Procedure, is
	42	+	SECTION 3. Article 42A.554, Code of Criminal Procedure, is
36	43		amended by adding Subsection (d) to read as follows:
37	44		(d) A judge who places a defendant on community supervision
38	45		under Article 42A.551(a-1) shall require, as a condition of
39	46		community supervision, that the defendant submit to a term of
40	47		confinement under Article 42A.555 and, while confined, participate
41	48		in a program operated under Section 507.035, Government Code.
42		-	SECTION 3. Article 55.01, Code of Criminal Procedure, is
	49	+	SECTION 4. Article 55.01, Code of Criminal Procedure, is
43	50		amended by amending Subsection (a) and adding Subsection (a-4) to
44	51		read as follows:
45	52		(a) A person who has been placed under a custodial or
46	53		noncustodial arrest for commission of either a felony or
47	54		misdemeanor is entitled to have all records and files relating to
48	55		the arrest expunged if:
49	56		(1) the person is tried for the offense for which the
50	57		person was arrested and is:
51	58		(A) acquitted by the trial court, except as
52	59		provided by Subsection (c); or
53	60		(B) convicted and subsequently:
54	61		(i) pardoned for a reason other than that
55	62		described by Subparagraph (ii); or
56	63		(ii) pardoned or otherwise granted relief
57	64		on the basis of actual innocence with respect to that offense, if
58	65		the applicable pardon or court order clearly indicates on its face
59	66		that the pardon or order was granted or rendered on the basis of the
60	67		person's actual innocence; or
61	68		(2) the person has been released and the charge, if
62	69		any, has not resulted in a final conviction and is no longer pending
63	70		and there was no court-ordered community supervision under Chapter
64	71		42A for the offense, unless the offense is a Class C misdemeanor,
65	72		provided that:
66	73		(A) regardless of whether any statute of
67	74		limitations exists for the offense and whether any limitations
68	75		period for the offense has expired, an indictment or information
69	76		charging the person with the commission of a misdemeanor offense
70	77		based on the person's arrest or charging the person with the
71	78		commission of any felony offense arising out of the same
72	79		transaction for which the person was arrested:
73	80		(i) has not been presented against the
74	81		person at any time following the arrest, and:
75	82		(a) at least 180 days have elapsed
76	83		from the date of arrest if the arrest for which the expunction was
77	84		sought was for an offense punishable as a Class C misdemeanor and if
78	85		there was no felony charge arising out of the same transaction for
79	86		which the person was arrested;
80	87		(b) at least one year has elapsed from
81	88		the date of arrest if the arrest for which the expunction was sought
82	89		was for an offense punishable as a Class B or A misdemeanor and if
83	90		there was no felony charge arising out of the same transaction for
84	91		which the person was arrested;
85	92		(c) at least three years have elapsed
86	93		from the date of arrest if the arrest for which the expunction was
87	94		sought was for an offense punishable as a felony or if there was a
88	95		felony charge arising out of the same transaction for which the
89	96		person was arrested; or
90	97		(d) the attorney representing the
91	98		state certifies that the applicable arrest records and files are
92	99		not needed for use in any criminal investigation or prosecution,
93	100		including an investigation or prosecution of another person; or
94	101		(ii) if presented at any time following the
95	102		arrest, was dismissed or quashed, and the court finds that the
96	103		indictment or information was dismissed or quashed because:
97	104		(a) the person completed a veterans
98	105		treatment court program created under Chapter 124, Government Code,
99	106		or former law, subject to Subsection (a-3);
100	107		(b) the person completed a pretrial
101	108		intervention program authorized under Section 76.011, Government
102	109		Code, other than specialty [a veterans treatment] court programs
103	110		[program] created under Chapter 124 or 126, Government Code, or
104	111		former law;
105	112		(c) the presentment had been made
106	113		because of mistake, false information, or other similar reason
107	114		indicating absence of probable cause at the time of the dismissal to
108	115		believe the person committed the offense; [or]
109	116		(d) the indictment or information was
110	117		void; or
111	118		(e) the person completed a
112	119		commercially sexually exploited persons court program created
113	120		under Chapter 126, Government Code, or former law, subject to
114	121		Subsection (a-4); or
115	122		(B) prosecution of the person for the offense for
116	123		which the person was arrested is no longer possible because the
117	124		limitations period has expired.
118	125		(a-4) A person is entitled under Subsection
119	126		(a)(2)(A)(ii)(e) for an expunction of arrest records and files only
120	127		if:
121	128		(1) the person has not previously received an
122	129		expunction of arrest records and files under that sub-subparagraph;
123	130		and
124	131		(2) the person submits to the court an affidavit
125	132		attesting to that fact.
126		-	SECTION 4. Section 1a, Article 55.02, Code of Criminal
	133	+	SECTION 5. Section 1a, Article 55.02, Code of Criminal
127	134		Procedure, is amended by adding Subsection (a-2) to read as
128	135		follows:
129	136		(a-2) A trial court dismissing a case following a person's
130	137		successful completion of a commercially sexually exploited persons
131	138		court program created under Chapter 126, Government Code, or former
132	139		law, if the trial court is a district court, or a district court in
133	140		the county in which the trial court is located may, with the consent
134	141		of the attorney representing the state, enter an order of
135	142		expunction for a person entitled to expunction under Article
136	143		55.01(a)(2)(A)(ii)(e) not later than the 30th day after the date
137	144		the court dismisses the case or receives the information regarding
138	145		that dismissal, as applicable. Notwithstanding any other law, a
139	146		court that enters an order for expunction under this subsection may
140	147		not charge any fee or assess any cost for the expunction.
141		-	SECTION 5. Section 126.001, Government Code, is amended by
	148	+	SECTION 6. Section 126.001, Government Code, is amended by
142	149		amending Subsection (b) and adding Subsection (c) to read as
143	150		follows:
144	151		(b) If a defendant who was convicted of or placed on
145	152		deferred adjudication community supervision for an offense
146	153		successfully completes a commercially sexually exploited persons
147	154		court program [, regardless of whether the defendant was convicted
148	155		of the offense for which the defendant entered the program or
149	156		whether the court deferred further proceedings without entering an
150	157		adjudication of guilt], after notice to the state and a hearing on
151	158		whether the defendant is otherwise entitled to the petition,
152	159		including whether the required time has elapsed, and whether
153	160		issuance of the order is in the best interest of justice, the court
154	161		shall enter an order of nondisclosure of criminal history record
155	162		information under Subchapter E-1, Chapter 411, as if the defendant
156	163		had received a discharge and dismissal under Article 42A.111, Code
157	164		of Criminal Procedure, with respect to all records and files
158	165		related to the defendant's arrest for the offense for which the
159	166		defendant entered the program.
160	167		(c) If a defendant who was arrested for or charged with, but
161	168		not convicted of or placed on deferred adjudication community
162	169		supervision for, an offense successfully completes a commercially
163	170		sexually exploited persons court program, after notice to the
164	171		attorney representing the state and a hearing in the commercially
165	172		sexually exploited persons court at which that court determines
166	173		that a dismissal is in the best interest of justice, the
167	174		commercially sexually exploited persons court shall provide to the
168	175		court in which the criminal case is pending information about the
169	176		dismissal and shall include all of the information required about
170	177		the defendant for a petition for expunction under Section 2(b),
171	178		Article 55.02, Code of Criminal Procedure. The court in which the
172	179		criminal case is pending shall dismiss the case against the
173	180		defendant and:
174	181		(1) if that trial court is a district court, the court
175	182		may, with the consent of the attorney representing the state, enter
176	183		an order of expunction on behalf of the defendant under Section
177	184		1a(a-2), Article 55.02, Code of Criminal Procedure; or
178	185		(2) if that trial court is not a district court, the
179	186		court may, with the consent of the attorney representing the state,
180	187		forward the appropriate dismissal and expunction information to
181	188		enable a district court with jurisdiction to enter an order of
182	189		expunction on behalf of the defendant under Section 1a(a-2),
183	190		Article 55.02, Code of Criminal Procedure.
184		-	SECTION 6. Subchapter B, Chapter 507, Government Code, is
	191	+	SECTION 7. Subchapter C, Chapter 72, Government Code, is
	192	+	amended by adding Section 72.033 to read as follows:
	193	+	Sec. 72.033. HUMAN TRAFFICKING SCREENING TOOL. (a) The
	194	+	office, in consultation with the office of the governor, the office
	195	+	of the attorney general, the Department of Public Safety, the
	196	+	Health and Human Services Commission, the Department of Family and
	197	+	Protective Services, the Texas Juvenile Justice Department, the
	198	+	Texas Department of Criminal Justice, nonprofit or community
	199	+	organizations involved in criminal justice issues, and other
	200	+	interested parties, shall develop a screening tool to be used to
	201	+	determine if a defendant convicted of an offense under Section
	202	+	43.02(a), Penal Code, is a victim of human trafficking. The tool
	203	+	must be evidence-based and be designed to inform a judge's
	204	+	sentencing decision regarding a defendant determined to be a victim
	205	+	of human trafficking.
	206	+	(b) The office shall make the tool available to judges on
	207	+	the office's Internet website.
	208	+	SECTION 8. Subchapter B, Chapter 507, Government Code, is
185	209		amended by adding Section 507.035 to read as follows:
186	210		Sec. 507.035. REHABILITATION PROGRAM FOR CERTAIN
187	211		PROSTITUTION OFFENDERS. (a) The department, in consultation with
188	212		the Health and Human Services Commission, shall establish and
189	213		administer a rehabilitation program for defendants placed on
190	214		community supervision and required to participate in the program
191	215		under Article 42A.554(d), Code of Criminal Procedure.
192	216		(b) The program must:
193	217		(1) be evidence-based and designed to efficiently
194	218		rehabilitate defendants;
195	219		(2) provide defendants with access to:
196	220		(A) life skills, job, and vocational training
197	221		programs;
198	222		(B) drug and alcohol rehabilitation programs;
199	223		(C) support group programs;
200	224		(D) counseling services; and
201	225		(E) other programs designed to facilitate the
202	226		transition of defendants into society and to reduce incidents of
203	227		recidivism; and
204	228		(3) house defendants participating in the program in a
205	229		compassionate, safe, and secure environment that lacks the typical
206	230		characteristics of a prison facility.
207		-	SECTION 7. Not later than September 1, 2020, the Texas
	231	+	SECTION 9. (a) Not later than December 1, 2019, the Office
	232	+	of Court Administration of the Texas Judicial System shall develop
	233	+	and make available the screening tool as required by Section
	234	+	72.033, Government Code, as added by this Act.
	235	+	(b) Article 42.021, Code of Criminal Procedure, as added by
	236	+	this Act, applies only to a defendant who is sentenced for an
	237	+	offense on or after December 1, 2019, regardless of whether the
	238	+	offense is committed before, on, or after that date.
	239	+	SECTION 10. Not later than September 1, 2020, the Texas
208	240		Department of Criminal Justice shall establish the rehabilitation
209	241		program required by Section 507.035, Government Code, as added by
210	242		this Act.
211		-	SECTION 8. Articles 42A.551(a-1) and 42A.554(d), Code of
	243	+	SECTION 11. Articles 42A.551(a-1) and 42A.554(d), Code of
212	244		Criminal Procedure, as added by this Act, apply only to an offense
213	245		committed on or after September 1, 2020. An offense committed
214	246		before September 1, 2020, is governed by the law in effect
215	247		immediately before the effective date of this Act, and the former
216	248		law is continued in effect for that purpose. For purposes of this
217	249		section, an offense was committed before September 1, 2020, if any
218	250		element of the offense occurred before that date.
219		-	SECTION 9. (a) Articles 55.01 and 55.02, Code of Criminal
	251	+	SECTION 12. (a) Articles 55.01 and 55.02, Code of Criminal
220	252		Procedure, as amended by this Act, apply to the expunction of arrest
221	253		records and files for a person who successfully completes a
222	254		commercially sexually exploited persons court program under
223	255		Chapter 126, Government Code, or former law before, on, or after the
224	256		effective date of this Act, regardless of when the underlying
225	257		arrest occurred.
226	258		(b) For a person who is entitled to expunction under Article
227	259		55.01(a)(2)(A)(ii)(e), Code of Criminal Procedure, as added by this
228	260		Act, based on a successful completion of a commercially sexually
229	261		exploited persons court program under Chapter 126, Government Code,
230	262		or former law before the effective date of this Act,
231	263		notwithstanding the 30-day time limit provided for the court to
232	264		enter an automatic order of expunction under Section 1a(a-2),
233	265		Article 55.02, Code of Criminal Procedure, as added by this Act, the
234	266		court may, with the consent of the attorney representing the state,
235	267		enter an order of expunction for the person as soon as practicable
236	268		after the court receives written notice from any party to the case
237	269		about the person's entitlement to the expunction.
238		-	SECTION 10. This Act takes effect September 1, 2019.
	270	+	SECTION 13. This Act takes effect September 1, 2019.