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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of prostitution and to |
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programs for certain defendants charged with or convicted 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. Article 42A.551, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) and amending Subsection (d) to |
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read as follows: |
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(a-1) Notwithstanding Subsection (b), on the defendant's |
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conviction of a state jail felony under Section 43.02(c)(2), Penal |
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Code, that is punished under Section 12.35(a), Penal Code, the |
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judge shall suspend the imposition of the sentence and place the |
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defendant on community supervision. This subsection does not apply |
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to a defendant who has previously been convicted of any other state |
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jail felony under Section 43.02(c)(2), Penal Code, that is punished |
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under Section 12.35, Penal Code. |
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(d) On conviction of a state jail felony punished under |
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Section 12.35(a), Penal Code, other than a state jail felony listed |
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in Subsection (a) or to which Subsection (a-1) applies, subject to |
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Subsection (e), the judge may: |
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(1) suspend the imposition of the sentence and place |
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the defendant on community supervision; or |
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(2) order the sentence to be executed: |
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(A) in whole; or |
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(B) in part, with a period of community |
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supervision to begin immediately on release of the defendant from |
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confinement. |
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SECTION 2. Article 42A.554, Code of Criminal Procedure, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A judge who places a defendant on community supervision |
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under Article 42A.551(a-1) shall require, as a condition of |
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community supervision, that the defendant submit to a term of |
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confinement under Article 42A.555 and, while confined, participate |
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in a program operated under Section 507.035, Government Code. |
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SECTION 3. Article 55.01, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (a-4) to |
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read as follows: |
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(a) A person who has been placed under a custodial or |
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noncustodial arrest for commission of either a felony or |
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misdemeanor is entitled to have all records and files relating to |
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the arrest expunged if: |
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(1) the person is tried for the offense for which the |
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person was arrested and is: |
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(A) acquitted by the trial court, except as |
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provided by Subsection (c); or |
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(B) convicted and subsequently: |
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(i) pardoned for a reason other than that |
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described by Subparagraph (ii); or |
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(ii) pardoned or otherwise granted relief |
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on the basis of actual innocence with respect to that offense, if |
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the applicable pardon or court order clearly indicates on its face |
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that the pardon or order was granted or rendered on the basis of the |
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person's actual innocence; or |
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(2) the person has been released and the charge, if |
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any, has not resulted in a final conviction and is no longer pending |
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and there was no court-ordered community supervision under Chapter |
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42A for the offense, unless the offense is a Class C misdemeanor, |
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provided that: |
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(A) regardless of whether any statute of |
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limitations exists for the offense and whether any limitations |
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period for the offense has expired, an indictment or information |
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charging the person with the commission of a misdemeanor offense |
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based on the person's arrest or charging the person with the |
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commission of any felony offense arising out of the same |
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transaction for which the person was arrested: |
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(i) has not been presented against the |
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person at any time following the arrest, and: |
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(a) at least 180 days have elapsed |
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from the date of arrest if the arrest for which the expunction was |
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sought was for an offense punishable as a Class C misdemeanor and if |
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there was no felony charge arising out of the same transaction for |
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which the person was arrested; |
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(b) at least one year has elapsed from |
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the date of arrest if the arrest for which the expunction was sought |
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was for an offense punishable as a Class B or A misdemeanor and if |
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there was no felony charge arising out of the same transaction for |
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which the person was arrested; |
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(c) at least three years have elapsed |
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from the date of arrest if the arrest for which the expunction was |
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sought was for an offense punishable as a felony or if there was a |
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felony charge arising out of the same transaction for which the |
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person was arrested; or |
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(d) the attorney representing the |
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state certifies that the applicable arrest records and files are |
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not needed for use in any criminal investigation or prosecution, |
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including an investigation or prosecution of another person; or |
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(ii) if presented at any time following the |
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arrest, was dismissed or quashed, and the court finds that the |
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indictment or information was dismissed or quashed because: |
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(a) the person completed a veterans |
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treatment court program created under Chapter 124, Government Code, |
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or former law, subject to Subsection (a-3); |
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(b) the person completed a pretrial |
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intervention program authorized under Section 76.011, Government |
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Code, other than specialty [a veterans treatment] court programs |
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[program] created under Chapter 124 or 126, Government Code, or |
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former law; |
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(c) the presentment had been made |
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because of mistake, false information, or other similar reason |
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indicating absence of probable cause at the time of the dismissal to |
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believe the person committed the offense; [or] |
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(d) the indictment or information was |
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void; or |
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(e) the person completed a |
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commercially sexually exploited persons court program created |
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under Chapter 126, Government Code, or former law, subject to |
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Subsection (a-4); or |
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(B) prosecution of the person for the offense for |
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which the person was arrested is no longer possible because the |
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limitations period has expired. |
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(a-4) A person is entitled under Subsection |
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(a)(2)(A)(ii)(e) for an expunction of arrest records and files only |
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if: |
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(1) the person has not previously received an |
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expunction of arrest records and files under that sub-subparagraph; |
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and |
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(2) the person submits to the court an affidavit |
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attesting to that fact. |
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SECTION 4. Section 1a, Article 55.02, Code of Criminal |
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Procedure, is amended by adding Subsection (a-2) to read as |
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follows: |
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(a-2) A trial court dismissing a case following a person's |
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successful completion of a commercially sexually exploited persons |
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court program created under Chapter 126, Government Code, or former |
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law, if the trial court is a district court, or a district court in |
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the county in which the trial court is located may, with the consent |
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of the attorney representing the state, enter an order of |
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expunction for a person entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(e) not later than the 30th day after the date |
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the court dismisses the case or receives the information regarding |
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that dismissal, as applicable. Notwithstanding any other law, a |
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court that enters an order for expunction under this subsection may |
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not charge any fee or assess any cost for the expunction. |
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SECTION 5. Section 126.001, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) If a defendant who was convicted of or placed on |
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deferred adjudication community supervision for an offense |
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successfully completes a commercially sexually exploited persons |
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court program [, regardless of whether the defendant was convicted
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of the offense for which the defendant entered the program or
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whether the court deferred further proceedings without entering an
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adjudication of guilt], after notice to the state and a hearing on |
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whether the defendant is otherwise entitled to the petition, |
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including whether the required time has elapsed, and whether |
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issuance of the order is in the best interest of justice, the court |
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shall enter an order of nondisclosure of criminal history record |
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information under Subchapter E-1, Chapter 411, as if the defendant |
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had received a discharge and dismissal under Article 42A.111, Code |
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of Criminal Procedure, with respect to all records and files |
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related to the defendant's arrest for the offense for which the |
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defendant entered the program. |
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(c) If a defendant who was arrested for or charged with, but |
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not convicted of or placed on deferred adjudication community |
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supervision for, an offense successfully completes a commercially |
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sexually exploited persons court program, after notice to the |
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attorney representing the state and a hearing in the commercially |
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sexually exploited persons court at which that court determines |
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that a dismissal is in the best interest of justice, the |
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commercially sexually exploited persons court shall provide to the |
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court in which the criminal case is pending information about the |
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dismissal and shall include all of the information required about |
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the defendant for a petition for expunction under Section 2(b), |
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Article 55.02, Code of Criminal Procedure. The court in which the |
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criminal case is pending shall dismiss the case against the |
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defendant and: |
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(1) if that trial court is a district court, the court |
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may, with the consent of the attorney representing the state, enter |
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an order of expunction on behalf of the defendant under Section |
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1a(a-2), Article 55.02, Code of Criminal Procedure; or |
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(2) if that trial court is not a district court, the |
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court may, with the consent of the attorney representing the state, |
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forward the appropriate dismissal and expunction information to |
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enable a district court with jurisdiction to enter an order of |
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expunction on behalf of the defendant under Section 1a(a-2), |
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Article 55.02, Code of Criminal Procedure. |
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SECTION 6. Subchapter B, Chapter 507, Government Code, is |
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amended by adding Section 507.035 to read as follows: |
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Sec. 507.035. REHABILITATION PROGRAM FOR CERTAIN |
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PROSTITUTION OFFENDERS. (a) The department, in consultation with |
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the Health and Human Services Commission, shall establish and |
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administer a rehabilitation program for defendants placed on |
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community supervision and required to participate in the program |
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under Article 42A.554(d), Code of Criminal Procedure. |
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(b) The program must: |
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(1) be evidence-based and designed to efficiently |
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rehabilitate defendants; |
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(2) provide defendants with access to: |
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(A) life skills, job, and vocational training |
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programs; |
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(B) drug and alcohol rehabilitation programs; |
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(C) support group programs; |
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(D) counseling services; and |
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(E) other programs designed to facilitate the |
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transition of defendants into society and to reduce incidents of |
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recidivism; and |
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(3) house defendants participating in the program in a |
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compassionate, safe, and secure environment that lacks the typical |
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characteristics of a prison facility. |
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SECTION 7. Not later than September 1, 2020, the Texas |
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Department of Criminal Justice shall establish the rehabilitation |
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program required by Section 507.035, Government Code, as added by |
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this Act. |
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SECTION 8. Articles 42A.551(a-1) and 42A.554(d), Code of |
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Criminal Procedure, as added by this Act, apply only to an offense |
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committed on or after September 1, 2020. An offense committed |
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before September 1, 2020, is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before September 1, 2020, if any |
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element of the offense occurred before that date. |
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SECTION 9. (a) Articles 55.01 and 55.02, Code of Criminal |
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Procedure, as amended by this Act, apply to the expunction of arrest |
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records and files for a person who successfully completes a |
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commercially sexually exploited persons court program under |
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Chapter 126, Government Code, or former law before, on, or after the |
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effective date of this Act, regardless of when the underlying |
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arrest occurred. |
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(b) For a person who is entitled to expunction under Article |
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55.01(a)(2)(A)(ii)(e), Code of Criminal Procedure, as added by this |
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Act, based on a successful completion of a commercially sexually |
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exploited persons court program under Chapter 126, Government Code, |
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or former law before the effective date of this Act, |
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notwithstanding the 30-day time limit provided for the court to |
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enter an automatic order of expunction under Section 1a(a-2), |
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Article 55.02, Code of Criminal Procedure, as added by this Act, the |
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court may, with the consent of the attorney representing the state, |
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enter an order of expunction for the person as soon as practicable |
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after the court receives written notice from any party to the case |
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about the person's entitlement to the expunction. |
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SECTION 10. This Act takes effect September 1, 2019. |