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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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WhitmireX |
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HuffmanX |
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BurtonX |
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CreightonX |
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HinojosaX |
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MenéndezX |
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PerryX |
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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; creating a criminal offense. |
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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 |
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|
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, the court may |
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dismiss the proceedings against the defendant and discharge the |
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defendant. |
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SECTION 6. Section 43.02, Penal Code, is amended by |
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amending Subsections (a), (b), (c), and (d) and adding Subsections |
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(b-1) and (c-1) to read as follows: |
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(a) A person commits an offense if, in return for receipt of |
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a fee, the person knowingly: |
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(1) offers to engage, agrees to engage, or engages in |
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sexual conduct [for a fee]; or |
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(2) solicits another in a public place to engage with |
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the actor [person] in sexual conduct for hire. |
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(b) A person commits an offense if, based on the payment of a |
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fee by the actor or another person on behalf of the actor, the |
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person knowingly: |
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(1) offers to engage, agrees to engage, or engages in |
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sexual conduct; or |
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(2) solicits another in a public place to engage with |
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the actor in sexual conduct for hire. |
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(b-1) An offense is established under Subsection (a) |
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regardless of [(a)(1)] whether the actor is offered or actually |
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receives the [is to receive or pay a] fee. An offense is |
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established under Subsection (b) regardless of [(a)(2)] whether the |
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actor or another person on behalf of the actor offers or actually |
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pays the fee [solicits a person to hire the actor or offers to hire
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the person solicited]. |
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(c) An offense under Subsection (a) [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
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previously been convicted one or two times of an offense under this
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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). |
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(c-1) An offense under Subsection (b) 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 (b); |
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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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(b) [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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(d) It is a defense to prosecution for an offense under |
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Subsection (a) [under this section] that the actor engaged in the |
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conduct that constitutes the offense because the actor was the |
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victim of conduct that constitutes an offense under Section 20A.02 |
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or 43.05. |
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SECTION 7. Section 51.03(b), Family Code, is amended to |
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read as follows: |
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(b) Conduct indicating a need for supervision is: |
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(1) subject to Subsection (f), conduct, other than a |
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traffic offense, that violates: |
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(A) the penal laws of this state of the grade of |
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misdemeanor that are punishable by fine only; or |
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(B) the penal ordinances of any political |
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subdivision of this state; |
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(2) the absence of a child on 10 or more days or parts |
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of days within a six-month period in the same school year or on |
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three or more days or parts of days within a four-week period from |
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school; |
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(3) the voluntary absence of a child from the child's |
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home without the consent of the child's parent or guardian for a |
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substantial length of time or without intent to return; |
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(4) conduct prohibited by city ordinance or by state |
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law involving the inhalation of the fumes or vapors of paint and |
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other protective coatings or glue and other adhesives and the |
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volatile chemicals itemized in Section 485.001, Health and Safety |
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Code; |
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(5) an act that violates a school district's |
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previously communicated written standards of student conduct for |
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which the child has been expelled under Section 37.007(c), |
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Education Code; |
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(6) conduct that violates a reasonable and lawful |
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order of a court entered under Section 264.305; |
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(7) notwithstanding Subsection (a)(1), conduct |
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described by Section 43.02(a) or (b) [43.02(a)(1) or (2)], Penal |
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Code; or |
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(8) notwithstanding Subsection (a)(1), conduct that |
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violates Section 43.261, Penal Code. |
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SECTION 8. Section 261.001(1), Family Code, is amended to |
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read as follows: |
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(1) "Abuse" includes the following acts or omissions |
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by a person: |
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(A) mental or emotional injury to a child that |
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results in an observable and material impairment in the child's |
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|
growth, development, or psychological functioning; |
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|
(B) causing or permitting the child to be in a |
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situation in which the child sustains a mental or emotional injury |
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that results in an observable and material impairment in the |
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child's growth, development, or psychological functioning; |
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(C) physical injury that results in substantial |
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harm to the child, or the genuine threat of substantial harm from |
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physical injury to the child, including an injury that is at |
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variance with the history or explanation given and excluding an |
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accident or reasonable discipline by a parent, guardian, or |
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managing or possessory conservator that does not expose the child |
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to a substantial risk of harm; |
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(D) failure to make a reasonable effort to |
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prevent an action by another person that results in physical injury |
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that results in substantial harm to the child; |
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(E) sexual conduct harmful to a child's mental, |
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emotional, or physical welfare, including conduct that constitutes |
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the offense of continuous sexual abuse of young child or children |
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|
under Section 21.02, Penal Code, indecency with a child under |
|
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Section 21.11, Penal Code, sexual assault under Section 22.011, |
|
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Penal Code, or aggravated sexual assault under Section 22.021, |
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Penal Code; |
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(F) failure to make a reasonable effort to |
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prevent sexual conduct harmful to a child; |
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(G) compelling or encouraging the child to engage |
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in sexual conduct as defined by Section 43.01, Penal Code, |
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including compelling or encouraging the child in a manner [conduct] |
|
|
that constitutes an offense of trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code, prostitution under Section |
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43.02(b) [43.02(a)(2)], Penal Code, or compelling prostitution |
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|
under Section 43.05(a)(2), Penal Code; |
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(H) causing, permitting, encouraging, engaging |
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in, or allowing the photographing, filming, or depicting of the |
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child if the person knew or should have known that the resulting |
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photograph, film, or depiction of the child is obscene as defined by |
|
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Section 43.21, Penal Code, or pornographic; |
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(I) the current use by a person of a controlled |
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substance as defined by Chapter 481, Health and Safety Code, in a |
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manner or to the extent that the use results in physical, mental, or |
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emotional injury to a child; |
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(J) causing, expressly permitting, or |
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encouraging a child to use a controlled substance as defined by |
|
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Chapter 481, Health and Safety Code; |
|
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(K) causing, permitting, encouraging, engaging |
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in, or allowing a sexual performance by a child as defined by |
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Section 43.25, Penal Code; or |
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(L) knowingly causing, permitting, encouraging, |
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engaging in, or allowing a child to be trafficked in a manner |
|
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punishable as an offense under Section 20A.02(a)(5), (6), (7), or |
|
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(8), Penal Code, or the failure to make a reasonable effort to |
|
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prevent a child from being trafficked in a manner punishable as an |
|
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offense under any of those sections. |
|
|
SECTION 9. Section 169.002(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The commissioners court of a county or governing body of |
|
|
a municipality may establish a first offender prostitution |
|
|
prevention program for defendants charged with an offense under |
|
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Section 43.02(b) [43.02(a)(2)], Penal Code[, in which the defendant
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offered or agreed to hire a person to engage in sexual conduct]. |
|
|
SECTION 10. Section 169A.002(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The commissioners court of a county or governing body of |
|
|
a municipality may establish a prostitution prevention program for |
|
|
defendants charged with an offense under Section 43.02(a) |
|
|
[43.02(a)(1)], Penal Code[, in which the defendant offered or
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agreed to engage in or engaged in sexual conduct for a fee]. |
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SECTION 11. 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 12. This Act takes effect September 1, 2015. |
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* * * * * |