87R1493 LHC-F
By: González of Dallas H.B. No. 2783
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of the offense of
prostitution and to a fine imposed on conviction of certain
trafficking of persons and prostitution offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0187 to read as
follows:
Art. 102.0187. FINES: COMMERCIAL SEXUAL EXPLOITATION
VICTIM FUND. (a) The commercial sexual exploitation victim fund is
a dedicated account in the general revenue fund.
(b) A person convicted of an offense under Section 20A.02,
20A.03, or 43.02(b), Penal Code, shall pay $500 as a fine on
conviction of the offense.
(c) For purposes of this article, a person is considered to
have been convicted if:
(1) a sentence is imposed on the person; or
(2) the person receives community supervision,
including deferred adjudication community supervision.
(d) Fines imposed under this article are collected in the
same manner as other fines or costs. An officer collecting the
fines shall keep separate records of the funds collected as fines
under this article and shall deposit the funds in the county
treasury.
(e) The custodian of a county treasury shall:
(1) keep records of the amount of funds on deposit
collected under this article; and
(2) send to the comptroller before the last day of the
first month following each calendar quarter the funds collected
under this article during the preceding quarter.
(f) If no funds due as fines under this article are
deposited in a county treasury in a calendar quarter, the custodian
of the treasury shall file the report required for the quarter in
the regular manner and must state that no funds were collected.
(g) The comptroller shall deposit the funds received under
this article to the credit of a dedicated account in the general
revenue fund to be known as the commercial sexual exploitation
victim fund. The legislature may appropriate money from the
account only to the criminal justice division of the governor's
office to enable that division to provide funds for services and
programs directed toward victims of conduct that constitutes an
offense under Section 20A.02 or 43.05, Penal Code, including:
(1) diversion programs for victims who have been
charged with an offense;
(2) housing;
(3) vocational services;
(4) counseling;
(5) substance abuse recovery services;
(6) mental health services; and
(7) prostitution prevention programs.
(h) Funds collected under this article are subject to audit
by the comptroller.
SECTION 2. Section 43.02, Penal Code, is amended by adding
Subsection (b-1) and amending Subsection (c) to read as follows:
(b-1) A person may not be prosecuted for an offense under
Subsection (a) that the person committed when younger than 18 years
of age.
(c) An offense under Subsection (a) is a Class B
misdemeanor, except that the offense is[:
[(1) a Class A misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection (a);
or
[(2)] a Class A misdemeanor [state jail felony] if the
actor has previously been convicted three or more times of an
offense under Subsection (a).
SECTION 3. (a) Article 102.0187, Code of Criminal
Procedure, as added by this Act, applies only to a fine on
conviction for an offense committed on or after the effective date
of this Act. An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose.
(b) Section 43.02, Penal Code, as amended by this Act,
applies only to an offense committed on or after the effective date
of this Act. An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose.
(c) For the purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2021.