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