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.