84R22950 MAW-D
 
  By: Johnson H.B. No. 1363
 
  Substitute the following for H.B. No. 1363:
 
  By:  Herrero C.S.H.B. No. 1363
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of and punishment for the offense of
  prostitution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 169.001(a), Health and Safety Code, is
  amended to read as follows:
         (a)  In this chapter, "first offender prostitution
  prevention program" means a program that has the following
  essential characteristics:
               (1)  the integration of services in the processing of
  cases in the judicial system;
               (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;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to information, counseling, and services
  relating to commercial sexual exploitation, trafficking of
  persons, sex addiction, sexually transmitted diseases, mental
  health, and substance abuse;
               (5)  a coordinated strategy to govern program responses
  to participant compliance;
               (6)  monitoring and evaluation of program goals and
  effectiveness;
               (7)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (8)  development of partnerships with public agencies
  and community organizations.
         SECTION 2.  Section 169.003(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A first offender prostitution prevention program
  established under this chapter must:
               (1)  ensure that a person eligible for the program is
  provided legal counsel before volunteering to proceed through the
  program and while participating in the program;
               (2)  allow any participant to withdraw from the program
  at any time before a trial on the merits has been initiated;
               (3)  provide each participant with information,
  counseling, and services relating to commercial sexual
  exploitation, trafficking of persons, sex addiction, sexually
  transmitted diseases, mental health, and substance abuse; and
               (4)  provide each participant with classroom
  instruction related to the prevention of prostitution.
         SECTION 3.  Section 169A.001(a), Health and Safety Code, is
  amended to read as follows:
         (a)  In this chapter, "prostitution prevention program"
  means a program that has the following essential characteristics:
               (1)  the integration of services in the processing of
  cases in the judicial system;
               (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;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to information, counseling, and services
  relating to commercial sexual exploitation, trafficking of
  persons, sex addiction, sexually transmitted diseases, mental
  health, and substance abuse;
               (5)  a coordinated strategy to govern program responses
  to participant compliance;
               (6)  monitoring and evaluation of program goals and
  effectiveness;
               (7)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (8)  development of partnerships with public agencies
  and community organizations.
         SECTION 4.  Section 169A.003(a), Health and Safety Code, is
  amended to read as follows:
         (a)  A prostitution prevention program established under
  this chapter must:
               (1)  ensure that a person eligible for the program is
  provided legal counsel before volunteering to proceed through the
  program and while participating in the program;
               (2)  allow any participant to withdraw from the program
  at any time before a trial on the merits has been initiated;
               (3)  provide each participant with information,
  counseling, and services relating to commercial sexual
  exploitation, trafficking of persons, sex addiction, sexually
  transmitted diseases, mental health, and substance abuse; and
               (4)  provide each participant with instruction related
  to the prevention of prostitution.
         SECTION 5.  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. 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 prostitution prevention program
  established under Chapter 169 or 169A, Health and Safety Code, if
  the defendant is otherwise eligible to participate in the program
  under the applicable chapter.  If the defendant successfully
  completes the prostitution prevention 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 6.  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]; or
               (3)  a felony of the second degree if the person
  solicited is younger than 18 years of age, regardless of whether the
  actor knows the age of the person solicited at the time the actor
  commits the offense.
         SECTION 7.  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 8.  This Act takes effect September 1, 2015.