Bill Text: TX HB1218 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the prosecution of and punishment for the offense of prostitution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-27 - Considered in Calendars [HB1218 Detail]
Download: Texas-2017-HB1218-Introduced.html
85R6060 MAW-F | ||
By: Johnson of Dallas | H.B. No. 1218 |
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relating to the prosecution of and punishment for the offense of | ||
prostitution. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 43.02, Penal Code, as amended by | ||
Chapters 332 (H.B. 10) and 1273 (S.B. 825), Acts of the 84th | ||
Legislature, Regular Session, 2015, is amended by reenacting and | ||
amending Subsection (c) and reenacting Subsection (c-1) to read as | ||
follows: | ||
(c) An offense under Subsection (a) is a Class B | ||
misdemeanor, except that the offense is: | ||
(1) a Class A misdemeanor if the actor has previously | ||
been convicted three, four, or five [ |
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under Subsection (a); or | ||
(2) a state jail felony if the actor has previously | ||
been convicted six [ |
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Subsection (a). | ||
(c-1) An offense under Subsection (b) is a Class B | ||
misdemeanor, except that the offense is: | ||
(1) a Class A misdemeanor if the actor has previously | ||
been convicted one or two times of an offense under Subsection (b); | ||
(2) a state jail felony if the actor has previously | ||
been convicted three or more times of an offense under Subsection | ||
(b); or | ||
(3) a felony of the second degree if the person | ||
solicited is: | ||
(A) younger than 18 years of age, regardless of | ||
whether the actor knows the age of the person solicited at the time | ||
the actor commits the offense; | ||
(B) represented to the actor as being younger | ||
than 18 years of age; or | ||
(C) believed by the actor to be younger than 18 | ||
years of age. | ||
SECTION 2. Chapter 32, Code of Criminal Procedure, is | ||
amended by adding Article 32.03 to read as follows: | ||
Art. 32.03. DISMISSAL OF CERTAIN PROSTITUTION OFFENSES. At | ||
any time before trial commences for an offense under Section 43.02, | ||
Penal Code, a court may, on the request of the defendant and with | ||
the consent of the attorney representing the state, defer | ||
proceedings without entering an adjudication of guilt and permit | ||
the defendant to participate in a commercially sexually exploited | ||
persons court program established under Chapter 126, Government | ||
Code, or in a first offender prostitution prevention program | ||
established under Chapter 169, Health and Safety Code, if the | ||
defendant is otherwise eligible to participate in the program under | ||
the applicable chapter. If the defendant successfully completes | ||
the commercially sexually exploited persons court program or | ||
prostitution prevention program, the court may dismiss the | ||
proceedings against the defendant and discharge the defendant. | ||
SECTION 3. Article 62.001(5), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(5) "Reportable conviction or adjudication" means a | ||
conviction or adjudication, including an adjudication of | ||
delinquent conduct or a deferred adjudication, that, regardless of | ||
the pendency of an appeal, is a conviction for or an adjudication | ||
for or based on: | ||
(A) a violation of Section 21.02 (Continuous | ||
sexual abuse of young child or children), 21.11 (Indecency with a | ||
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual | ||
assault), or 25.02 (Prohibited sexual conduct), Penal Code; | ||
(B) a violation of Section 43.05 (Compelling | ||
prostitution), 43.25 (Sexual performance by a child), or 43.26 | ||
(Possession or promotion of child pornography), Penal Code; | ||
(B-1) a violation of Section 43.02 | ||
(Prostitution), Penal Code, if the offense is punishable under | ||
Subsection (c-1)(3) [ |
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(C) a violation of Section 20.04(a)(4) | ||
(Aggravated kidnapping), Penal Code, if the actor committed the | ||
offense or engaged in the conduct with intent to violate or abuse | ||
the victim sexually; | ||
(D) a violation of Section 30.02 (Burglary), | ||
Penal Code, if the offense or conduct is punishable under | ||
Subsection (d) of that section and the actor committed the offense | ||
or engaged in the conduct with intent to commit a felony listed in | ||
Paragraph (A) or (C); | ||
(E) a violation of Section 20.02 (Unlawful | ||
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), | ||
Penal Code, if, as applicable: | ||
(i) the judgment in the case contains an | ||
affirmative finding under Article 42.015; or | ||
(ii) the order in the hearing or the papers | ||
in the case contain an affirmative finding that the victim or | ||
intended victim was younger than 17 years of age; | ||
(F) the second violation of Section 21.08 | ||
(Indecent exposure), Penal Code, but not if the second violation | ||
results in a deferred adjudication; | ||
(G) an attempt, conspiracy, or solicitation, as | ||
defined by Chapter 15, Penal Code, to commit an offense or engage in | ||
conduct listed in Paragraph (A), (B), (C), (D), (E), or (K); | ||
(H) a violation of the laws of another state, | ||
federal law, the laws of a foreign country, or the Uniform Code of | ||
Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E), | ||
(G), (J), or (K), but not if the violation results in a deferred | ||
adjudication; | ||
(I) the second violation of the laws of another | ||
state, federal law, the laws of a foreign country, or the Uniform | ||
Code of Military Justice for or based on the violation of an offense | ||
containing elements that are substantially similar to the elements | ||
of the offense of indecent exposure, but not if the second violation | ||
results in a deferred adjudication; | ||
(J) a violation of Section 33.021 (Online | ||
solicitation of a minor), Penal Code; or | ||
(K) a violation of Section 20A.02(a)(3), (4), | ||
(7), or (8) (Trafficking of persons), Penal Code. | ||
SECTION 4. Section 126.001(a), Government Code, is amended | ||
to read as follows: | ||
(a) In this chapter, "commercially sexually exploited | ||
persons court 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 commercial sexual exploitation, trafficking of | ||
persons, 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. | ||
SECTION 5. Section 126.004(a), Government Code, is amended | ||
to read as follows: | ||
(a) A commercially sexually exploited persons court 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 commercial sexual | ||
exploitation, trafficking of persons, sex addiction, sexually | ||
transmitted diseases, mental health, and substance abuse; and | ||
(4) provide each participant with instruction related | ||
to the prevention of prostitution. | ||
SECTION 6. Section 402.035(d), Government Code, as amended | ||
by Chapters 146 (H.B. 188) and 332 (H.B. 10), Acts of the 84th | ||
Legislature, Regular Session, 2015, is reenacted and amended to | ||
read as follows: | ||
(d) The task force shall: | ||
(1) collaborate, as needed to fulfill the duties of | ||
the task force, with: | ||
(A) United States attorneys' offices [ |
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(B) special agents or customs and border | ||
protection officers and border patrol agents of: | ||
(i) the Federal Bureau of Investigation; | ||
(ii) the United States Drug Enforcement | ||
Administration; | ||
(iii) the Bureau of Alcohol, Tobacco, | ||
Firearms and Explosives; | ||
(iv) United States Immigration and Customs | ||
Enforcement; or | ||
(v) the United States Department of | ||
Homeland Security; | ||
(2) collect, organize, and periodically publish | ||
statistical data on the nature and extent of human trafficking in | ||
this state, including data described by Subdivisions (4)(A), (B), | ||
(C), (D), and (E); | ||
(3) solicit cooperation and assistance from state and | ||
local governmental agencies, political subdivisions of the state, | ||
nongovernmental organizations, and other persons, as appropriate, | ||
for the purpose of collecting and organizing statistical data under | ||
Subdivision (2); | ||
(4) ensure that each state or local governmental | ||
agency and political subdivision of the state and each state or | ||
local law enforcement agency, district attorney, or county attorney | ||
that assists in the prevention of human trafficking collects | ||
statistical data related to human trafficking, including, as | ||
appropriate: | ||
(A) the number of investigations concerning, | ||
arrests and prosecutions for, and convictions of: | ||
(i) the offense of trafficking of persons; | ||
(ii) the offense of forgery or an offense | ||
under Chapter 43, Penal Code, if the offense was committed as part | ||
of a criminal episode involving the trafficking of persons; and | ||
(iii) an offense punishable under Section | ||
43.02(c-1)(3) [ |
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offense was committed as part of a criminal episode involving the | ||
trafficking of persons; | ||
(B) demographic information on persons who are | ||
convicted of offenses described by Paragraph (A) and persons who | ||
are the victims of those offenses; | ||
(C) geographic routes by which human trafficking | ||
victims are trafficked, including routes by which victims are | ||
trafficked across this state's international border, and | ||
geographic patterns in human trafficking, including the country or | ||
state of origin and the country or state of destination; | ||
(D) means of transportation and methods used by | ||
persons who engage in trafficking to transport their victims; and | ||
(E) social and economic factors that create a | ||
demand for the labor or services that victims of human trafficking | ||
are forced to provide; | ||
(5) work with the Texas Commission on Law Enforcement | ||
to develop and conduct training for law enforcement personnel, | ||
victim service providers, and medical service providers to identify | ||
victims of human trafficking; | ||
(6) work with the Texas Education Agency, the | ||
Department of Family and Protective Services, and the Health and | ||
Human Services Commission to: | ||
(A) develop a list of key indicators that a | ||
person is a victim of human trafficking; | ||
(B) develop a standardized curriculum for | ||
training doctors, nurses, emergency medical services personnel, | ||
teachers, school counselors, school administrators, and personnel | ||
from the Department of Family and Protective Services and the | ||
Health and Human Services Commission to identify and assist victims | ||
of human trafficking; | ||
(C) train doctors, nurses, emergency medical | ||
services personnel, teachers, school counselors, school | ||
administrators, and personnel from the Department of Family and | ||
Protective Services and the Health and Human Services Commission to | ||
identify and assist victims of human trafficking; | ||
(D) develop and conduct training for personnel | ||
from the Department of Family and Protective Services and the | ||
Health and Human Services Commission on methods for identifying | ||
children in foster care who may be at risk of becoming victims of | ||
human trafficking; and | ||
(E) develop a process for referring identified | ||
human trafficking victims and individuals at risk of becoming | ||
victims to appropriate entities for services; | ||
(7) on the request of a judge of a county court, county | ||
court at law, or district court or a county attorney, district | ||
attorney, or criminal district attorney, assist and train the judge | ||
or the judge's staff or the attorney or the attorney's staff in the | ||
recognition and prevention of human trafficking; | ||
(8) examine training protocols related to human | ||
trafficking issues, as developed and implemented by federal, state, | ||
and local law enforcement agencies; | ||
(9) collaborate with state and local governmental | ||
agencies, political subdivisions of the state, and nongovernmental | ||
organizations to implement a media awareness campaign in | ||
communities affected by human trafficking; | ||
(10) develop recommendations on how to strengthen | ||
state and local efforts to prevent human trafficking, protect and | ||
assist human trafficking victims, curb markets and other economic | ||
avenues that facilitate human trafficking and investigate and | ||
prosecute human trafficking offenders; | ||
(11) examine the extent to which human trafficking is | ||
associated with the operation of sexually oriented businesses, as | ||
defined by Section 243.002, Local Government Code, and the | ||
workplace or public health concerns that are created by the | ||
association of human trafficking and the operation of sexually | ||
oriented businesses; [ |
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(12) develop recommendations for addressing the | ||
demand for forced labor or services or sexual conduct involving | ||
victims of human trafficking, including recommendations for | ||
increased penalties for individuals who engage or attempt to engage | ||
in prostitution with victims younger than 18 years of age; and | ||
(13) [ |
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legislature on laws, licensure requirements, or other regulations | ||
that can be passed at the state and local level to curb trafficking | ||
using the Internet and in sexually oriented businesses. | ||
SECTION 7. Section 169.001(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(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 commercial sexual exploitation, trafficking of | ||
persons, 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. | ||
SECTION 8. Section 169.003(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(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 commercial sexual | ||
exploitation, trafficking of persons, sex addiction, sexually | ||
transmitted diseases, mental health, and substance abuse; and | ||
(4) provide each participant with classroom | ||
instruction related to the prevention of prostitution. | ||
SECTION 9. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 10. To the extent of any conflict, this Act prevails | ||
over another Act of the 85th Legislature, Regular Session, 2017, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 11. This Act takes effect September 1, 2017. |