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.