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 |
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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[ |
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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. |