85R6060 MAW-F
	By: Johnson of Dallas	H.B. No. 1218

	A BILL TO BE ENTITLED
	AN ACT
	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 [one or two] times of an offense
	under Subsection (a); or
	(2)  a state jail felony if the actor has previously
	been convicted six [three] or more times of an offense under
	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) [(c)(3)] of that section;
	(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 [Attorneys'
	Offices] for all of the federal districts of Texas; and
	(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) [43.02(c)(3)], Penal Code, regardless of whether the
	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; [and]
	(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) [(12)]  identify and report to the governor and
	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.