83R2730 YDB-D
 
  By: Whitmire S.B. No. 484
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a prostitution prevention program;
  authorizing a fee.
         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 169A to read as follows:
  CHAPTER 169A. PROSTITUTION PREVENTION PROGRAM
         Sec. 169A.001.  PROSTITUTION PREVENTION PROGRAM; PROCEDURES
  FOR CERTAIN DEFENDANTS. (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 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 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 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 other than an offense under Section 43.02(a)(1), Penal
  Code; and
               (2)  is not convicted of any other felony offense
  before the second anniversary of the date of the defendant's
  successful completion of the program.
         Sec. 169A.002.  AUTHORITY TO ESTABLISH PROGRAM;
  ELIGIBILITY. (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)(1), Penal Code, in which the defendant offered or agreed
  to engage in or engaged in sexual conduct for a fee.
         (b)  A defendant is eligible to participate in a 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 previously participated in a
  prostitution prevention program established under this chapter.
         (c)  The court in which the criminal case is pending shall
  allow an eligible defendant to choose whether to participate in the
  prostitution prevention program or otherwise proceed through the
  criminal justice system.
         (d)  If a defendant who chooses to participate in the
  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. 169A.0025.  ESTABLISHMENT OF REGIONAL PROGRAM. The
  commissioners courts of two or more counties, or the governing
  bodies of two or more municipalities, may elect to establish a
  regional prostitution prevention program under this chapter for the
  participating counties or municipalities.
         Sec. 169A.003.  PROGRAM POWERS AND DUTIES. (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 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. 169A.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 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 prostitution prevention program established
  under this chapter.
         (c)  A 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. 169A.005.  FEES. (a)  A 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
  prostitution prevention program.  The fees must be based on the
  participant's ability to pay.
         Sec. 169A.0055.  PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
  The commissioners court of a county shall establish a prostitution
  prevention program if:
               (1)  the county has a population of more than 200,000;
  and
               (2)  a municipality in the county has not established a
  prostitution prevention program.
         (b)  A county required under this section to establish a
  prostitution prevention program shall apply for federal and state
  funds available to pay the costs of the program.  The criminal
  justice division of the governor's office may assist a county in
  applying for federal funds as required by this subsection.
         (c)  Notwithstanding Subsection (a), a county is required to
  establish a prostitution prevention program under this section only
  if the county receives federal or state funding specifically for
  that purpose.
         (d)  A county that does not establish a prostitution
  prevention program as required by this section and maintain the
  program is ineligible to receive from the state funds for a
  community supervision and corrections department.
         Sec. 169A.006.  SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
  REQUIREMENT. (a)  To encourage participation in a 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
  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 103.0292 to read as follows:
         Sec. 103.0292.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:
  HEALTH AND SAFETY CODE. A nonrefundable program fee for a
  prostitution prevention program established under Section
  169A.002, Health and Safety Code, shall be collected under Section
  169A.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.  Section 772.0061(a)(2), Government Code, is
  amended to read as follows:
               (2)  "Specialty court" means:
                     (A)  a prostitution prevention program
  established under Chapter 169A, Health and Safety Code;
                     (B)  a drug court program established under
  Chapter 469, Health and Safety Code;
                     (C) [(B)]  a mental health court program
  established under Chapter 616, Health and Safety Code; and
                     (D) [(C)]  a veterans court program established
  under Chapter 617, Health and Safety Code.
         SECTION 4.  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, 2013.