86R7493 MAW-D
 
  By: White H.B. No. 4104
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sentencing procedures and punishment for the
  offense of prostitution and to programs for certain defendants
  charged with or convicted of prostitution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.021 to read as follows:
         Art. 42.021.  USE OF SCREENING TOOL FOR SENTENCING PURPOSES
  IN CERTAIN PROSTITUTION CASES. In a case in which the judge will
  assess punishment for a defendant convicted of an offense under
  Section 43.02(a), Penal Code, the judge shall use the screening
  tool developed under Section 72.033, Government Code, to determine
  whether the defendant is a victim of human trafficking and to inform
  the judge's sentencing decision.
         SECTION 2.  Article 42A.551, Code of Criminal Procedure, is
  amended by adding Subsection (a-1) and amending Subsection (d) to
  read as follows:
         (a-1)  Notwithstanding Subsection (b), on the defendant's
  conviction of a state jail felony under Section 43.02(c)(2), Penal
  Code, that is punished under Section 12.35(a), Penal Code, the
  judge shall suspend the imposition of the sentence and place the
  defendant on community supervision. This subsection does not apply
  to a defendant who has previously been convicted of any other state
  jail felony under Section 43.02(c)(2), Penal Code, that is punished
  under Section 12.35, Penal Code.
         (d)  On conviction of a state jail felony punished under
  Section 12.35(a), Penal Code, other than a state jail felony listed
  in Subsection (a) or to which Subsection (a-1) applies, subject to
  Subsection (e), the judge may:
               (1)  suspend the imposition of the sentence and place
  the defendant on community supervision; or
               (2)  order the sentence to be executed:
                     (A)  in whole; or
                     (B)  in part, with a period of community
  supervision to begin immediately on release of the defendant from
  confinement.
         SECTION 3.  Article 42A.554, Code of Criminal Procedure, is
  amended by adding Subsection (d) to read as follows:
         (d)  A judge who places a defendant on community supervision
  under Article 42A.551(a-1) shall require, as a condition of
  community supervision, that the defendant submit to a term of
  confinement under Article 42A.555 and, while confined, participate
  in a program operated under Section 507.035, Government Code.
         SECTION 4.  Article 55.01, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (a-4) to
  read as follows:
         (a)  A person who has been placed under a custodial or
  noncustodial arrest for commission of either a felony or
  misdemeanor is entitled to have all records and files relating to
  the arrest expunged if:
               (1)  the person is tried for the offense for which the
  person was arrested and is:
                     (A)  acquitted by the trial court, except as
  provided by Subsection (c); or
                     (B)  convicted and subsequently:
                           (i)  pardoned for a reason other than that
  described by Subparagraph (ii); or
                           (ii)  pardoned or otherwise granted relief
  on the basis of actual innocence with respect to that offense, if
  the applicable pardon or court order clearly indicates on its face
  that the pardon or order was granted or rendered on the basis of the
  person's actual innocence; or
               (2)  the person has been released and the charge, if
  any, has not resulted in a final conviction and is no longer pending
  and there was no court-ordered community supervision under Chapter
  42A for the offense, unless the offense is a Class C misdemeanor,
  provided that:
                     (A)  regardless of whether any statute of
  limitations exists for the offense and whether any limitations
  period for the offense has expired, an indictment or information
  charging the person with the commission of a misdemeanor offense
  based on the person's arrest or charging the person with the
  commission of any felony offense arising out of the same
  transaction for which the person was arrested:
                           (i)  has not been presented against the
  person at any time following the arrest, and:
                                 (a)  at least 180 days have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a Class C misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (b)  at least one year has elapsed from
  the date of arrest if the arrest for which the expunction was sought
  was for an offense punishable as a Class B or A misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (c)  at least three years have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a felony or if there was a
  felony charge arising out of the same transaction for which the
  person was arrested; or
                                 (d)  the attorney representing the
  state certifies that the applicable arrest records and files are
  not needed for use in any criminal investigation or prosecution,
  including an investigation or prosecution of another person; or
                           (ii)  if presented at any time following the
  arrest, was dismissed or quashed, and  the court finds that the
  indictment or information was dismissed or quashed because:
                                 (a)  the person completed a veterans
  treatment court program created under Chapter 124, Government Code,
  or former law, subject to Subsection (a-3);
                                 (b)  the person completed a pretrial
  intervention program authorized under Section 76.011, Government
  Code, other than specialty [a veterans treatment] court programs 
  [program] created under Chapter 124 or 126, Government Code, or
  former law;
                                 (c)  the presentment had been made
  because of mistake, false information, or other similar reason
  indicating absence of probable cause at the time of the dismissal to
  believe the person committed the offense; [or]
                                 (d)  the indictment or information was
  void; or
                                 (e)  the person completed a
  commercially sexually exploited persons court program created
  under Chapter 126, Government Code, or former law, subject to
  Subsection (a-4); or
                     (B)  prosecution of the person for the offense for
  which the person was arrested is no longer possible because the
  limitations period has expired.
         (a-4)  A person is entitled under Subsection
  (a)(2)(A)(ii)(e) for an expunction of arrest records and files only
  if:
               (1)  the person has not previously received an
  expunction of arrest records and files under that sub-subparagraph;
  and
               (2)  the person submits to the court an affidavit
  attesting to that fact.
         SECTION 5.  Section 1a, Article 55.02, Code of Criminal
  Procedure, is amended by adding Subsection (a-2) to read as
  follows:
         (a-2)  A trial court dismissing a case following a person's
  successful completion of a commercially sexually exploited persons
  court program created under Chapter 126, Government Code, or former
  law, if the trial court is a district court, or a district court in
  the county in which the trial court is located may, with the consent
  of the attorney representing the state, enter an order of
  expunction for a person entitled to expunction under Article
  55.01(a)(2)(A)(ii)(e) not later than the 30th day after the date
  the court dismisses the case or receives the information regarding
  that dismissal, as applicable. Notwithstanding any other law, a
  court that enters an order for expunction under this subsection may
  not charge any fee or assess any cost for the expunction.
         SECTION 6.  Section 126.001, Government Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  If a defendant who was convicted of or placed on
  deferred adjudication community supervision for an offense 
  successfully completes a commercially sexually exploited persons
  court program [, regardless of whether the defendant was convicted
  of the offense for which the defendant entered the program or
  whether the court deferred further proceedings without entering an
  adjudication of guilt], after notice to the state and a hearing on
  whether the defendant is otherwise entitled to the petition,
  including whether the required time has elapsed, and whether
  issuance of the order is in the best interest of justice, the court
  shall enter an order of nondisclosure of criminal history record
  information under Subchapter E-1, Chapter 411, as if the defendant
  had received a discharge and dismissal under Article 42A.111, Code
  of Criminal Procedure, with respect to all records and files
  related to the defendant's arrest for the offense for which the
  defendant entered the program.
         (c)  If a defendant who was arrested for or charged with, but
  not convicted of or placed on deferred adjudication community
  supervision for, an offense successfully completes a commercially
  sexually exploited persons court program, after notice to the
  attorney representing the state and a hearing in the commercially
  sexually exploited persons court at which that court determines
  that a dismissal is in the best interest of justice, the
  commercially sexually exploited persons court shall provide to the
  court in which the criminal case is pending information about the
  dismissal and shall include all of the information required about
  the defendant for a petition for expunction under Section 2(b),
  Article 55.02, Code of Criminal Procedure.  The court in which the
  criminal case is pending shall dismiss the case against the
  defendant and:
               (1)  if that trial court is a district court, the court
  may, with the consent of the attorney representing the state, enter
  an order of expunction on behalf of the defendant under Section
  1a(a-2), Article 55.02, Code of Criminal Procedure; or
               (2)  if that trial court is not a district court, the
  court may, with the consent of the attorney representing the state,
  forward the appropriate dismissal and expunction information to
  enable a district court with jurisdiction to enter an order of
  expunction on behalf of the defendant under Section 1a(a-2),
  Article 55.02, Code of Criminal Procedure.
         SECTION 7.  Subchapter C, Chapter 72, Government Code, is
  amended by adding Section 72.033 to read as follows:
         Sec. 72.033.  HUMAN TRAFFICKING SCREENING TOOL. (a) The
  office, in consultation with the office of the governor, the office
  of the attorney general, the Department of Public Safety, the
  Health and Human Services Commission, the Department of Family and
  Protective Services, the Texas Juvenile Justice Department, the
  Texas Department of Criminal Justice, nonprofit or community
  organizations involved in criminal justice issues, and other
  interested parties, shall develop a screening tool to be used to
  determine if a defendant convicted of an offense under Section
  43.02(a), Penal Code, is a victim of human trafficking. The tool
  must be evidence-based and be designed to inform a judge's
  sentencing decision regarding a defendant determined to be a victim
  of human trafficking.
         (b)  The office shall make the tool available to judges on
  the office's Internet website.
         SECTION 8.  Subchapter B, Chapter 507, Government Code, is
  amended by adding Section 507.035 to read as follows:
         Sec. 507.035.  REHABILITATION PROGRAM FOR CERTAIN
  PROSTITUTION OFFENDERS. (a) The department, in consultation with
  the Health and Human Services Commission, shall establish and
  administer a rehabilitation program for defendants placed on
  community supervision and required to participate in the program
  under Article 42A.554(d), Code of Criminal Procedure.
         (b)  The program must:
               (1)  be evidence-based and designed to efficiently
  rehabilitate defendants;
               (2)  provide defendants with access to:
                     (A)  life skills, job, and vocational training
  programs;
                     (B)  drug and alcohol rehabilitation programs;
                     (C)  support group programs;
                     (D)  counseling services; and
                     (E)  other programs designed to facilitate the
  transition of defendants into society and to reduce incidents of
  recidivism; and
               (3)  house defendants participating in the program in a
  compassionate, safe, and secure environment that lacks the typical
  characteristics of a prison facility.
         SECTION 9.  (a) Not later than December 1, 2019, the Office
  of Court Administration of the Texas Judicial System shall develop
  and make available the screening tool as required by Section
  72.033, Government Code, as added by this Act.
         (b)  Article 42.021, Code of Criminal Procedure, as added by
  this Act, applies only to a defendant who is sentenced for an
  offense on or after December 1, 2019, regardless of whether the
  offense is committed before, on, or after that date.
         SECTION 10.  Not later than September 1, 2020, the Texas
  Department of Criminal Justice shall establish the rehabilitation
  program required by Section 507.035, Government Code, as added by
  this Act.
         SECTION 11.  Articles 42A.551(a-1) and 42A.554(d), Code of
  Criminal Procedure, as added by this Act, apply only to an offense
  committed on or after September 1, 2020. An offense committed
  before September 1, 2020, is governed by the law in effect
  immediately before the effective date of this Act, and the former
  law is continued in effect for that purpose. For purposes of this
  section, an offense was committed before September 1, 2020, if any
  element of the offense occurred before that date.
         SECTION 12.  (a)  Articles 55.01 and 55.02, Code of Criminal
  Procedure, as amended by this Act, apply to the expunction of arrest
  records and files for a person who successfully completes a
  commercially sexually exploited persons court program under
  Chapter 126, Government Code, or former law before, on, or after the
  effective date of this Act, regardless of when the underlying
  arrest occurred.
         (b)  For a person who is entitled to expunction under Article
  55.01(a)(2)(A)(ii)(e), Code of Criminal Procedure, as added by this
  Act, based on a successful completion of a commercially sexually
  exploited persons court program under Chapter 126, Government Code,
  or former law before the effective date of this Act,
  notwithstanding the 30-day time limit provided for the court to
  enter an automatic order of expunction under Section 1a(a-2),
  Article 55.02, Code of Criminal Procedure, as added by this Act, the
  court may, with the consent of the attorney representing the state,
  enter an order of expunction for the person as soon as practicable
  after the court receives written notice from any party to the case
  about the person's entitlement to the expunction.
         SECTION 13.  This Act takes effect September 1, 2019.