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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for the offense of |
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prostitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 169.001(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) In this chapter, "first offender prostitution |
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prevention program" means a program that has the following |
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essential characteristics: |
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(1) the integration of services in the processing of |
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cases in the judicial system; |
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(2) the use of a nonadversarial approach involving |
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prosecutors and defense attorneys to promote public safety, to |
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reduce the demand for the commercial sex trade and trafficking of |
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persons by educating offenders, and to protect the due process |
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rights of program participants; |
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(3) early identification and prompt placement of |
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eligible participants in the program; |
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(4) access to information, counseling, and services |
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relating to commercial sexual exploitation, trafficking of |
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persons, sex addiction, sexually transmitted diseases, mental |
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health, and substance abuse; |
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(5) a coordinated strategy to govern program responses |
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to participant compliance; |
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(6) monitoring and evaluation of program goals and |
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effectiveness; |
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(7) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; and |
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(8) development of partnerships with public agencies |
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and community organizations. |
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SECTION 2. Section 169.003(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A first offender prostitution prevention program |
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established under this chapter must: |
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(1) ensure that a person eligible for the program is |
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provided legal counsel before volunteering to proceed through the |
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program and while participating in the program; |
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(2) allow any participant to withdraw from the program |
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at any time before a trial on the merits has been initiated; |
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(3) provide each participant with information, |
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counseling, and services relating to commercial sexual |
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exploitation, trafficking of persons, sex addiction, sexually |
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transmitted diseases, mental health, and substance abuse; and |
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(4) provide each participant with classroom |
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instruction related to the prevention of prostitution. |
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SECTION 3. Section 169A.001(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) In this chapter, "prostitution prevention program" |
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means a program that has the following essential characteristics: |
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(1) the integration of services in the processing of |
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|
cases in the judicial system; |
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|
(2) the use of a nonadversarial approach involving |
|
|
prosecutors and defense attorneys to promote public safety, to |
|
|
reduce the demand for the commercial sex trade and trafficking of |
|
|
persons by educating offenders, and to protect the due process |
|
|
rights of program participants; |
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(3) early identification and prompt placement of |
|
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eligible participants in the program; |
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(4) access to information, counseling, and services |
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relating to commercial sexual exploitation, trafficking of |
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persons, sex addiction, sexually transmitted diseases, mental |
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health, and substance abuse; |
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(5) a coordinated strategy to govern program responses |
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to participant compliance; |
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(6) monitoring and evaluation of program goals and |
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effectiveness; |
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(7) continuing interdisciplinary education to promote |
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effective program planning, implementation, and operations; and |
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(8) development of partnerships with public agencies |
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and community organizations. |
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SECTION 4. Section 169A.003(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A prostitution prevention program established under |
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this chapter must: |
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(1) ensure that a person eligible for the program is |
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provided legal counsel before volunteering to proceed through the |
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program and while participating in the program; |
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(2) allow any participant to withdraw from the program |
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at any time before a trial on the merits has been initiated; |
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(3) provide each participant with information, |
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counseling, and services relating to commercial sexual |
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exploitation, trafficking of persons, sex addiction, sexually |
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transmitted diseases, mental health, and substance abuse; and |
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(4) provide each participant with instruction related |
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to the prevention of prostitution. |
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SECTION 5. 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. At |
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any time before trial commences for an offense under Section 43.02, |
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Penal Code, a court may, on the request of the defendant and with |
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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 prostitution prevention program |
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established under Chapter 169 or 169A, Health and Safety Code, if |
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the defendant is otherwise eligible to participate in the program |
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under the applicable chapter. If the defendant successfully |
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completes the prostitution prevention program not later than the |
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first anniversary of the date the proceedings were deferred, the |
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court may dismiss the proceedings against the defendant and |
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discharge the defendant. |
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SECTION 6. 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]; or |
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(3) a felony of the second degree if the person |
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solicited is younger than 18 years of age, regardless of whether the |
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actor knows the age of the person solicited at the time the actor |
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commits the offense. |
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SECTION 7. 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 8. This Act takes effect September 1, 2015. |