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  H.B. No. 1994
 
 
 
 
AN ACT
  relating to the creation of a first offender prostitution
  prevention program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is
  amended by adding Chapter 169 to read as follows:
  CHAPTER 169. FIRST OFFENDER PROSTITUTION PREVENTION PROGRAM
         Sec. 169.001.  FIRST OFFENDER PROSTITUTION PREVENTION
  PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS. (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 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.
         (b)  If a defendant successfully completes a first offender
  prostitution prevention 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
  period has elapsed, and whether issuance of the order is in the best
  interest of justice, the court shall enter an order of
  nondisclosure under Section 411.081, Government Code, as if the
  defendant had received a discharge and dismissal under Section
  5(c), Article 42.12, 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 if the
  defendant:
               (1)  has not been previously convicted of a felony
  offense; and
               (2)  is not convicted of any other felony offense
  before the second anniversary of the defendant's successful
  completion of the program.
         Sec. 169.002.  AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
  (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
  Section 43.02(a)(2), Penal Code, in which the defendant offered or
  agreed to hire a person to engage in sexual conduct.
         (b)  A defendant is eligible to participate in a first
  offender prostitution prevention program established under this
  chapter only if:
               (1)  the attorney representing the state consents to
  the defendant's participation in the program; and
               (2)  the court in which the criminal case is pending
  finds that the defendant has not been previously convicted of:
                     (A)  an offense under Section 20A.02, 43.02,
  43.03, 43.04, or 43.05, Penal Code;
                     (B)  an offense listed in Section 3g(a)(1),
  Article 42.12, Code of Criminal Procedure; or
                     (C)  an offense punishable as a felony under
  Chapter 481.
         (c)  For purposes of Subsection (b),  a defendant has been
  previously convicted of an offense listed in that subsection if:
               (1)  the defendant was adjudged guilty of the offense
  or entered a plea of guilty or nolo contendere in return for a grant
  of deferred adjudication, regardless of whether the sentence for
  the offense was ever imposed or whether the sentence was probated
  and the defendant was subsequently discharged from community
  supervision; or
               (2)  the defendant was convicted under the laws of
  another state for an offense containing elements that are
  substantially similar to the elements of an offense listed in
  Subsection (b).
         (d)  A defendant is not eligible to participate in the first
  offender prostitution prevention program if the defendant offered
  or agreed to hire a person to engage in sexual conduct and the
  person was younger than 18 years of age at the time of the offense.
         (e)  The court in which the criminal case is pending shall
  allow an eligible defendant to choose whether to participate in the
  first offender prostitution prevention program or otherwise
  proceed through the criminal justice system.
         (f)  If a defendant who chooses to participate in the first
  offender prostitution prevention program fails to attend any
  portion of the program, the court in which the defendant's criminal
  case is pending shall issue a warrant for the defendant's arrest and
  proceed on the criminal case as if the defendant had chosen not to
  participate in the program.
         Sec. 169.003.  PROGRAM POWERS AND DUTIES. (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 sex addiction, sexually
  transmitted diseases, mental health, and substance abuse; and
               (4)  provide each participant with classroom
  instruction related to the prevention of prostitution.
         (b)  To provide each program participant with information,
  counseling, and services described by Subsection (a)(3), a program
  established under this chapter may employ a person or solicit a
  volunteer who is:
               (1)  a health care professional;
               (2)  a psychologist;
               (3)  a licensed social worker or counselor;
               (4)  a former prostitute;
               (5)  a family member of a person arrested for
  soliciting prostitution;
               (6)  a member of a neighborhood association or
  community that is adversely affected by the commercial sex trade or
  trafficking of persons; or
               (7)  an employee of a nongovernmental organization
  specializing in advocacy or laws related to sex trafficking or
  human trafficking or in providing services to victims of those
  offenses.
         (c)  A program established under this chapter shall
  establish and publish local procedures to promote maximum
  participation of eligible defendants in programs established in the
  county or municipality in which the defendants reside.
         Sec. 169.004.  OVERSIGHT. (a)  The lieutenant governor and
  the speaker of the house of representatives may assign to
  appropriate legislative committees duties relating to the
  oversight of first offender prostitution prevention programs
  established under this chapter.
         (b)  A legislative committee or the governor may request the
  state auditor to perform a management, operations, or financial or
  accounting audit of a first offender prostitution prevention
  program established under this chapter.
         (c)  A first offender prostitution prevention program
  established under this chapter shall:
               (1)  notify the criminal justice division of the
  governor's office before or on implementation of the program; and
               (2)  provide information regarding the performance of
  the program to the division on request.
         Sec. 169.005.  FEES. (a)  A first offender prostitution
  prevention program established under this chapter may collect from
  a participant in the program a nonrefundable program fee in a
  reasonable amount not to exceed $1,000, from which the following
  must be paid:
               (1)  a counseling and services fee in an amount
  necessary to cover the costs of the counseling and services
  provided by the program;
               (2)  a victim services fee in an amount equal to 10
  percent of the amount paid under Subdivision (1), to be deposited to
  the credit of the general revenue fund to be appropriated only to
  cover costs associated with the grant program described by Section
  531.383, Government Code; and
               (3)  a law enforcement training fee, in an amount equal
  to five percent of the total amount paid under Subdivision (1), to
  be deposited to the credit of the treasury of the county or
  municipality that established the program to cover costs associated
  with the provision of training to law enforcement personnel on
  domestic violence, prostitution, and the trafficking of persons.
         (b)  Fees collected under this section may be paid on a
  periodic basis or on a deferred payment schedule at the discretion
  of the judge, magistrate, or program director administering the
  first offender prostitution prevention program.  The fees must
  be based on the participant's ability to pay.
         Sec. 169.006.  SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
  REQUIREMENT. (a)  To encourage participation in a first offender
  prostitution prevention program established under this chapter,
  the judge or magistrate administering the program may suspend any
  requirement that, as a condition of community supervision, a
  participant in the program work a specified number of hours at a
  community service project.
         (b)  On a participant's successful completion of a first
  offender prostitution prevention program, a judge or magistrate may
  excuse the participant from any condition of community supervision
  previously suspended under Subsection (a).
         SECTION 2.  Subchapter B, Chapter 103, Government Code, is
  amended by adding Section 103.0291 to read as follows:
         Sec. 103.0291.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:
  HEALTH AND SAFETY CODE. A nonrefundable program fee for a first
  offender prostitution prevention program established under Section
  169.002, Health and Safety Code, shall be collected under Section
  169.005, Health and Safety Code, in a reasonable amount not to
  exceed $1,000, which includes:
               (1)  a counseling and services fee in an amount
  necessary to cover the costs of counseling and services provided by
  the program;
               (2)  a victim services fee in an amount equal to 10
  percent of the total fee; and
               (3)  a law enforcement training fee in an amount equal
  to five percent of the total fee.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1994 was passed by the House on May
  12, 2011, by the following vote:  Yeas 126, Nays 13, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1994 was passed by the Senate on May
  25, 2011, by the following vote:  Yeas 31, Nays 0
  .
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor