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