Bill Text: TX HB4104 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the punishment for the offense of prostitution and to programs for certain defendants charged with or convicted of prostitution.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-01 - Committee report sent to Calendars [HB4104 Detail]
Download: Texas-2019-HB4104-Comm_Sub.html
86R27368 MAW-D | |||
By: White | H.B. No. 4104 | ||
Substitute the following for H.B. No. 4104: | |||
By: Sherman, Sr. | C.S.H.B. No. 4104 |
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relating to the punishment for the offense of prostitution and to | ||
programs for certain defendants charged with or convicted of | ||
prostitution. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42A.551, Code of Criminal Procedure, is | ||
amended by adding Subsection (a-1) and amending Subsection (d) to | ||
read as follows: | ||
(a-1) Notwithstanding Subsection (b), on the defendant's | ||
conviction of a state jail felony under Section 43.02(c)(2), Penal | ||
Code, that is punished under Section 12.35(a), Penal Code, the | ||
judge shall suspend the imposition of the sentence and place the | ||
defendant on community supervision. This subsection does not apply | ||
to a defendant who has previously been convicted of any other state | ||
jail felony under Section 43.02(c)(2), Penal Code, that is punished | ||
under Section 12.35, Penal Code. | ||
(d) On conviction of a state jail felony punished under | ||
Section 12.35(a), Penal Code, other than a state jail felony listed | ||
in Subsection (a) or to which Subsection (a-1) applies, subject to | ||
Subsection (e), the judge may: | ||
(1) suspend the imposition of the sentence and place | ||
the defendant on community supervision; or | ||
(2) order the sentence to be executed: | ||
(A) in whole; or | ||
(B) in part, with a period of community | ||
supervision to begin immediately on release of the defendant from | ||
confinement. | ||
SECTION 2. Article 42A.554, Code of Criminal Procedure, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) A judge who places a defendant on community supervision | ||
under Article 42A.551(a-1) shall require, as a condition of | ||
community supervision, that the defendant submit to a term of | ||
confinement under Article 42A.555 and, while confined, participate | ||
in a program operated under Section 507.035, Government Code. | ||
SECTION 3. Article 55.01, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsection (a-4) to | ||
read as follows: | ||
(a) A person who has been placed under a custodial or | ||
noncustodial arrest for commission of either a felony or | ||
misdemeanor is entitled to have all records and files relating to | ||
the arrest expunged if: | ||
(1) the person is tried for the offense for which the | ||
person was arrested and is: | ||
(A) acquitted by the trial court, except as | ||
provided by Subsection (c); or | ||
(B) convicted and subsequently: | ||
(i) pardoned for a reason other than that | ||
described by Subparagraph (ii); or | ||
(ii) pardoned or otherwise granted relief | ||
on the basis of actual innocence with respect to that offense, if | ||
the applicable pardon or court order clearly indicates on its face | ||
that the pardon or order was granted or rendered on the basis of the | ||
person's actual innocence; or | ||
(2) the person has been released and the charge, if | ||
any, has not resulted in a final conviction and is no longer pending | ||
and there was no court-ordered community supervision under Chapter | ||
42A for the offense, unless the offense is a Class C misdemeanor, | ||
provided that: | ||
(A) regardless of whether any statute of | ||
limitations exists for the offense and whether any limitations | ||
period for the offense has expired, an indictment or information | ||
charging the person with the commission of a misdemeanor offense | ||
based on the person's arrest or charging the person with the | ||
commission of any felony offense arising out of the same | ||
transaction for which the person was arrested: | ||
(i) has not been presented against the | ||
person at any time following the arrest, and: | ||
(a) at least 180 days have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a Class C misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(b) at least one year has elapsed from | ||
the date of arrest if the arrest for which the expunction was sought | ||
was for an offense punishable as a Class B or A misdemeanor and if | ||
there was no felony charge arising out of the same transaction for | ||
which the person was arrested; | ||
(c) at least three years have elapsed | ||
from the date of arrest if the arrest for which the expunction was | ||
sought was for an offense punishable as a felony or if there was a | ||
felony charge arising out of the same transaction for which the | ||
person was arrested; or | ||
(d) the attorney representing the | ||
state certifies that the applicable arrest records and files are | ||
not needed for use in any criminal investigation or prosecution, | ||
including an investigation or prosecution of another person; or | ||
(ii) if presented at any time following the | ||
arrest, was dismissed or quashed, and the court finds that the | ||
indictment or information was dismissed or quashed because: | ||
(a) the person completed a veterans | ||
treatment court program created under Chapter 124, Government Code, | ||
or former law, subject to Subsection (a-3); | ||
(b) the person completed a pretrial | ||
intervention program authorized under Section 76.011, Government | ||
Code, other than specialty [ |
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former law; | ||
(c) the presentment had been made | ||
because of mistake, false information, or other similar reason | ||
indicating absence of probable cause at the time of the dismissal to | ||
believe the person committed the offense; [ |
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(d) the indictment or information was | ||
void; or | ||
(e) the person completed a | ||
commercially sexually exploited persons court program created | ||
under Chapter 126, Government Code, or former law, subject to | ||
Subsection (a-4); or | ||
(B) prosecution of the person for the offense for | ||
which the person was arrested is no longer possible because the | ||
limitations period has expired. | ||
(a-4) A person is entitled under Subsection | ||
(a)(2)(A)(ii)(e) for an expunction of arrest records and files only | ||
if: | ||
(1) the person has not previously received an | ||
expunction of arrest records and files under that sub-subparagraph; | ||
and | ||
(2) the person submits to the court an affidavit | ||
attesting to that fact. | ||
SECTION 4. Section 1a, Article 55.02, Code of Criminal | ||
Procedure, is amended by adding Subsection (a-2) to read as | ||
follows: | ||
(a-2) A trial court dismissing a case following a person's | ||
successful completion of a commercially sexually exploited persons | ||
court program created under Chapter 126, Government Code, or former | ||
law, if the trial court is a district court, or a district court in | ||
the county in which the trial court is located may, with the consent | ||
of the attorney representing the state, enter an order of | ||
expunction for a person entitled to expunction under Article | ||
55.01(a)(2)(A)(ii)(e) not later than the 30th day after the date | ||
the court dismisses the case or receives the information regarding | ||
that dismissal, as applicable. Notwithstanding any other law, a | ||
court that enters an order for expunction under this subsection may | ||
not charge any fee or assess any cost for the expunction. | ||
SECTION 5. Section 126.001, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) If a defendant who was convicted of or placed on | ||
deferred adjudication community supervision for an offense | ||
successfully completes a commercially sexually exploited persons | ||
court program [ |
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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 of criminal history record | ||
information under Subchapter E-1, Chapter 411, as if the defendant | ||
had received a discharge and dismissal under Article 42A.111, 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. | ||
(c) If a defendant who was arrested for or charged with, but | ||
not convicted of or placed on deferred adjudication community | ||
supervision for, an offense successfully completes a commercially | ||
sexually exploited persons court program, after notice to the | ||
attorney representing the state and a hearing in the commercially | ||
sexually exploited persons court at which that court determines | ||
that a dismissal is in the best interest of justice, the | ||
commercially sexually exploited persons court shall provide to the | ||
court in which the criminal case is pending information about the | ||
dismissal and shall include all of the information required about | ||
the defendant for a petition for expunction under Section 2(b), | ||
Article 55.02, Code of Criminal Procedure. The court in which the | ||
criminal case is pending shall dismiss the case against the | ||
defendant and: | ||
(1) if that trial court is a district court, the court | ||
may, with the consent of the attorney representing the state, enter | ||
an order of expunction on behalf of the defendant under Section | ||
1a(a-2), Article 55.02, Code of Criminal Procedure; or | ||
(2) if that trial court is not a district court, the | ||
court may, with the consent of the attorney representing the state, | ||
forward the appropriate dismissal and expunction information to | ||
enable a district court with jurisdiction to enter an order of | ||
expunction on behalf of the defendant under Section 1a(a-2), | ||
Article 55.02, Code of Criminal Procedure. | ||
SECTION 6. Subchapter B, Chapter 507, Government Code, is | ||
amended by adding Section 507.035 to read as follows: | ||
Sec. 507.035. REHABILITATION PROGRAM FOR CERTAIN | ||
PROSTITUTION OFFENDERS. (a) The department, in consultation with | ||
the Health and Human Services Commission, shall establish and | ||
administer a rehabilitation program for defendants placed on | ||
community supervision and required to participate in the program | ||
under Article 42A.554(d), Code of Criminal Procedure. | ||
(b) The program must: | ||
(1) be evidence-based and designed to efficiently | ||
rehabilitate defendants; | ||
(2) provide defendants with access to: | ||
(A) life skills, job, and vocational training | ||
programs; | ||
(B) drug and alcohol rehabilitation programs; | ||
(C) support group programs; | ||
(D) counseling services; and | ||
(E) other programs designed to facilitate the | ||
transition of defendants into society and to reduce incidents of | ||
recidivism; and | ||
(3) house defendants participating in the program in a | ||
compassionate, safe, and secure environment that lacks the typical | ||
characteristics of a prison facility. | ||
SECTION 7. Not later than September 1, 2020, the Texas | ||
Department of Criminal Justice shall establish the rehabilitation | ||
program required by Section 507.035, Government Code, as added by | ||
this Act. | ||
SECTION 8. Articles 42A.551(a-1) and 42A.554(d), Code of | ||
Criminal Procedure, as added by this Act, apply only to an offense | ||
committed on or after September 1, 2020. An offense committed | ||
before September 1, 2020, is governed by the law in effect | ||
immediately before the effective date of this Act, and the former | ||
law is continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before September 1, 2020, if any | ||
element of the offense occurred before that date. | ||
SECTION 9. (a) Articles 55.01 and 55.02, Code of Criminal | ||
Procedure, as amended by this Act, apply to the expunction of arrest | ||
records and files for a person who successfully completes a | ||
commercially sexually exploited persons court program under | ||
Chapter 126, Government Code, or former law before, on, or after the | ||
effective date of this Act, regardless of when the underlying | ||
arrest occurred. | ||
(b) For a person who is entitled to expunction under Article | ||
55.01(a)(2)(A)(ii)(e), Code of Criminal Procedure, as added by this | ||
Act, based on a successful completion of a commercially sexually | ||
exploited persons court program under Chapter 126, Government Code, | ||
or former law before the effective date of this Act, | ||
notwithstanding the 30-day time limit provided for the court to | ||
enter an automatic order of expunction under Section 1a(a-2), | ||
Article 55.02, Code of Criminal Procedure, as added by this Act, the | ||
court may, with the consent of the attorney representing the state, | ||
enter an order of expunction for the person as soon as practicable | ||
after the court receives written notice from any party to the case | ||
about the person's entitlement to the expunction. | ||
SECTION 10. This Act takes effect September 1, 2019. |