| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prosecution of the offense of prostitution. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 32, Code of Criminal Procedure, is |
|
|
amended by adding Article 32.03 to read as follows: |
|
|
Art. 32.03. DISMISSAL OF CERTAIN PROSTITUTION OFFENSES. |
|
|
(a) At any time before trial commences for an offense under Section |
|
|
43.02, Penal Code, a court may, on the request of the defendant and |
|
|
with the consent of the attorney representing the state, defer |
|
|
proceedings without entering an adjudication of guilt and permit |
|
|
the defendant to participate in a pretrial intervention program. |
|
|
(b) A pretrial intervention program may be offered by a |
|
|
faith-based organization or other nonprofit organization and must: |
|
|
(1) require the defendant to complete not more than 50 |
|
|
hours of community service; and |
|
|
(2) include at least 100 hours of instruction, |
|
|
counseling, or treatment concerning sexual abuse, sexually |
|
|
transmitted diseases, mental health, and substance abuse. |
|
|
(c) Notwithstanding Subsection (b), a first offender |
|
|
prostitution prevention program established under Chapter 169, |
|
|
Health and Safety Code, satisfies the requirements of this article. |
|
|
(d) If a defendant successfully completes a pretrial |
|
|
intervention program not later than the first anniversary of the |
|
|
date the proceedings were deferred, the court may dismiss the |
|
|
proceedings against the defendant and discharge the defendant. |
|
|
SECTION 2. Section 43.02, Penal Code, is amended by |
|
|
amending Subsection (c) and adding Subsection (c-1) to read as |
|
|
follows: |
|
|
(c) An offense under Subsection (a)(1) is a Class C |
|
|
misdemeanor, except that the offense is: |
|
|
(1) a Class B misdemeanor if the actor has previously |
|
|
been convicted one or two times of an offense under Subsection |
|
|
(a)(1); or |
|
|
(2) a Class A misdemeanor if the actor has previously |
|
|
been convicted three or more times of an offense under Subsection |
|
|
(a)(1). |
|
|
(c-1) An offense under Subsection (a)(2) [this section] 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)(2) [this section]; |
|
|
(2) a state jail felony if the actor has previously |
|
|
been convicted three or more times of an offense under Subsection |
|
|
(a)(2) [this section]; |
|
|
(3) a felony of the third degree if the person |
|
|
solicited is 14 years of age or older and younger than 18 years of |
|
|
age; or |
|
|
(4) a felony of the second degree if the person |
|
|
solicited is younger than 14 years of age. |
|
|
SECTION 3. The change in law made 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. For |
|
|
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, 2013. |