Bill Text: TX HB3206 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the prosecution and punishment of the offense of prostitution and to a court cost imposed on conviction of certain trafficking of persons and prostitution offenses.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Introduced - Dead) 2019-04-26 - Committee report sent to Calendars [HB3206 Detail]

Download: Texas-2019-HB3206-Comm_Sub.html
  86R25526 LHC-F
 
  By: González of Dallas, Thompson of Harris, H.B. No. 3206
      Collier, White, Moody, et al.
 
  Substitute the following for H.B. No. 3206:
 
  By:  Collier C.S.H.B. No. 3206
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution and punishment of the offense of
  prostitution and to a court cost imposed on conviction of certain
  trafficking of persons and prostitution offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 102, Code of Criminal
  Procedure, is amended by adding Article 102.023 to read as follows:
         Art. 102.023.  COURT COSTS: COMMERCIAL SEXUAL EXPLOITATION
  VICTIM FUND. (a) The commercial sexual exploitation victim fund is
  a dedicated account in the general revenue fund.
         (b)  A person convicted of an offense under Section 20A.02,
  20A.03, or 43.02(b), Penal Code, shall pay as a cost of court $500
  on conviction of the offense.
         (c)  For purposes of this article, a person is considered to
  have been convicted if:
               (1)  a sentence is imposed on the person; or
               (2)  the person receives community supervision,
  including deferred adjudication community supervision.
         (d)  Court costs under this article are collected in the same
  manner as other fines or costs.  An officer collecting the costs
  shall keep separate records of the funds collected as costs under
  this article and shall deposit the funds in the county treasury.
         (e)  The custodian of a county treasury shall:
               (1)  keep records of the amount of funds on deposit
  collected under this article; and
               (2)  send to the comptroller before the last day of the
  first month following each calendar quarter the funds collected
  under this article during the preceding quarter.
         (f)  If no funds due as costs under this article are
  deposited in a county treasury in a calendar quarter, the custodian
  of the treasury shall file the report required for the quarter in
  the regular manner and must state that no funds were collected.
         (g)  The comptroller shall deposit the funds received under
  this article to the credit of a dedicated account in the general
  revenue fund to be known as the commercial sexual exploitation
  victim fund.  The legislature may appropriate money from the
  account only to the criminal justice division of the governor's
  office to enable that division to provide funds for services and
  programs directed toward victims of conduct that constitutes an
  offense under Section 20A.02 or 43.05, Penal Code, including:
               (1)  diversion programs for victims who have been
  charged with an offense;
               (2)  housing;
               (3)  vocational services;
               (4)  counseling;
               (5)  substance abuse recovery services;
               (6)  mental health services; and
               (7)  prostitution prevention programs.
         (h)  Funds collected under this article are subject to audit
  by the comptroller.
         SECTION 2.  Subchapter B, Chapter 102, Government Code, is
  amended by adding Section 102.02111 to read as follows:
         Sec. 102.02111.  ADDITIONAL COURT COSTS ON CONVICTION: CODE
  OF CRIMINAL PROCEDURE.  A person convicted of an offense under
  Section 20A.02, 20A.03, or 43.02(b), Penal Code, shall pay, in
  addition to all other costs, a court cost on conviction to benefit
  victims of commercial sexual exploitation in this state (Art.
  102.023, Code of Criminal Procedure). . . $500.
         SECTION 3.  Section 43.02, Penal Code, is amended by adding
  Subsection (b-1) and amending Subsection (c) to read as follows:
         (b-1)  A person may not be prosecuted for an offense under
  Subsection (a) that the person committed when younger than 18 years
  of age.
         (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 one or two times of an offense under Subsection (a);
  or
               [(2)]  a  Class A misdemeanor [state jail felony] if the
  actor has previously been convicted three or more times of an
  offense under Subsection (a).
         SECTION 4.  (a)  Article 102.023, Code of Criminal
  Procedure, as added by this Act, applies only to a cost on
  conviction for 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.
         (b)  Section 43.02, Penal Code, as amended 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.
         (c)  For the 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 5.  This Act takes effect September 1, 2019.
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