| 1 | 1 | | 87R1493 LHC-F |
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| 2 | 2 | | By: González of Dallas H.B. No. 2783 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution and punishment of the offense of |
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| 8 | 8 | | prostitution and to a fine imposed on conviction of certain |
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| 9 | 9 | | trafficking of persons and prostitution offenses. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 102, Code of Criminal |
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| 12 | 12 | | Procedure, is amended by adding Article 102.0187 to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | Art. 102.0187. FINES: COMMERCIAL SEXUAL EXPLOITATION |
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| 15 | 15 | | VICTIM FUND. (a) The commercial sexual exploitation victim fund is |
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| 16 | 16 | | a dedicated account in the general revenue fund. |
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| 17 | 17 | | (b) A person convicted of an offense under Section 20A.02, |
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| 18 | 18 | | 20A.03, or 43.02(b), Penal Code, shall pay $500 as a fine on |
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| 19 | 19 | | conviction of the offense. |
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| 20 | 20 | | (c) For purposes of this article, a person is considered to |
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| 21 | 21 | | have been convicted if: |
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| 22 | 22 | | (1) a sentence is imposed on the person; or |
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| 23 | 23 | | (2) the person receives community supervision, |
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| 24 | 24 | | including deferred adjudication community supervision. |
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| 25 | 25 | | (d) Fines imposed under this article are collected in the |
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| 26 | 26 | | same manner as other fines or costs. An officer collecting the |
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| 27 | 27 | | fines shall keep separate records of the funds collected as fines |
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| 28 | 28 | | under this article and shall deposit the funds in the county |
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| 29 | 29 | | treasury. |
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| 30 | 30 | | (e) The custodian of a county treasury shall: |
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| 31 | 31 | | (1) keep records of the amount of funds on deposit |
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| 32 | 32 | | collected under this article; and |
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| 33 | 33 | | (2) send to the comptroller before the last day of the |
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| 34 | 34 | | first month following each calendar quarter the funds collected |
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| 35 | 35 | | under this article during the preceding quarter. |
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| 36 | 36 | | (f) If no funds due as fines under this article are |
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| 37 | 37 | | deposited in a county treasury in a calendar quarter, the custodian |
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| 38 | 38 | | of the treasury shall file the report required for the quarter in |
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| 39 | 39 | | the regular manner and must state that no funds were collected. |
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| 40 | 40 | | (g) The comptroller shall deposit the funds received under |
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| 41 | 41 | | this article to the credit of a dedicated account in the general |
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| 42 | 42 | | revenue fund to be known as the commercial sexual exploitation |
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| 43 | 43 | | victim fund. The legislature may appropriate money from the |
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| 44 | 44 | | account only to the criminal justice division of the governor's |
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| 45 | 45 | | office to enable that division to provide funds for services and |
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| 46 | 46 | | programs directed toward victims of conduct that constitutes an |
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| 47 | 47 | | offense under Section 20A.02 or 43.05, Penal Code, including: |
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| 48 | 48 | | (1) diversion programs for victims who have been |
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| 49 | 49 | | charged with an offense; |
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| 50 | 50 | | (2) housing; |
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| 51 | 51 | | (3) vocational services; |
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| 52 | 52 | | (4) counseling; |
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| 53 | 53 | | (5) substance abuse recovery services; |
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| 54 | 54 | | (6) mental health services; and |
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| 55 | 55 | | (7) prostitution prevention programs. |
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| 56 | 56 | | (h) Funds collected under this article are subject to audit |
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| 57 | 57 | | by the comptroller. |
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| 58 | 58 | | SECTION 2. Section 43.02, Penal Code, is amended by adding |
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| 59 | 59 | | Subsection (b-1) and amending Subsection (c) to read as follows: |
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| 60 | 60 | | (b-1) A person may not be prosecuted for an offense under |
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| 61 | 61 | | Subsection (a) that the person committed when younger than 18 years |
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| 62 | 62 | | of age. |
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| 63 | 63 | | (c) An offense under Subsection (a) is a Class B |
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| 64 | 64 | | misdemeanor, except that the offense is[: |
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| 65 | 65 | | [(1) a Class A misdemeanor if the actor has previously |
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| 66 | 66 | | been convicted one or two times of an offense under Subsection (a); |
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| 67 | 67 | | or |
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| 68 | 68 | | [(2)] a Class A misdemeanor [state jail felony] if the |
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| 69 | 69 | | actor has previously been convicted three or more times of an |
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| 70 | 70 | | offense under Subsection (a). |
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| 71 | 71 | | SECTION 3. (a) Article 102.0187, Code of Criminal |
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| 72 | 72 | | Procedure, as added by this Act, applies only to a fine on |
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| 73 | 73 | | conviction for an offense committed on or after the effective date |
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| 74 | 74 | | of this Act. An offense committed before the effective date of this |
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| 75 | 75 | | Act is governed by the law in effect on the date the offense was |
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| 76 | 76 | | committed, and the former law is continued in effect for that |
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| 77 | 77 | | purpose. |
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| 78 | 78 | | (b) Section 43.02, Penal Code, as amended by this Act, |
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| 79 | 79 | | applies only to an offense committed on or after the effective date |
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| 80 | 80 | | of this Act. An offense committed before the effective date of this |
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| 81 | 81 | | Act is governed by the law in effect on the date the offense was |
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| 82 | 82 | | committed, and the former law is continued in effect for that |
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| 83 | 83 | | purpose. |
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| 84 | 84 | | (c) For the purposes of this section, an offense was |
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| 85 | 85 | | committed before the effective date of this Act if any element of |
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| 86 | 86 | | the offense occurred before that date. |
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| 87 | 87 | | SECTION 4. This Act takes effect September 1, 2021. |
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