Bill Text: TX HB2795 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the offense of solicitation of prostitution and certain other consequences of that offense; increasing a criminal penalty; making conforming changes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2021-05-17 - Referred to Criminal Justice [HB2795 Detail]
Download: Texas-2021-HB2795-Comm_Sub.html
87R4677 MEW-D | ||
By: Thompson of Harris, Collier | H.B. No. 2795 |
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relating to the offense of solicitation of prostitution and certain | ||
other consequences of that offense; increasing a criminal penalty; | ||
making conforming changes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 43, Penal Code, is amended by adding | ||
Section 43.021, and a heading is added to that section to read as | ||
follows: | ||
Sec. 43.021. SOLICITATION OF PROSTITUTION. | ||
SECTION 2. Sections 43.02(b) and (c-1), Penal Code, are | ||
transferred to Section 43.021, Penal Code, as added by this Act, | ||
redesignated as Sections 43.021(a) and (b), Penal Code, | ||
respectively, and amended to read as follows: | ||
(a) [ |
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knowingly offers or agrees to pay a fee to another person for the | ||
purpose of engaging in sexual conduct with that person or another. | ||
(b) [ |
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jail felony [ |
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(1) a [ |
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actor has previously been convicted of an offense under Subsection | ||
(a) or under Section 43.02(b), as that law existed before September | ||
1, 2021 [ |
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(2) a felony of the second degree if the person with | ||
whom the actor agrees to engage in sexual conduct is: | ||
(A) younger than 18 years of age, regardless of | ||
whether the actor knows the age of the person at the time of 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 3. Section 43.021, Penal Code, as added by this Act, | ||
is amended by adding Subsection (c) to read as follows: | ||
(c) A conviction may be used for purposes of enhancement | ||
under this section or enhancement under Subchapter D, Chapter 12, | ||
but not under both this section and that subchapter. For purposes of | ||
enhancement of penalties under this section or Subchapter D, | ||
Chapter 12, a defendant is considered to have been previously | ||
convicted of an offense under this section or under Section | ||
43.02(b), as that law existed before September 1, 2021, if the | ||
defendant was adjudged guilty of the offense or entered a plea of | ||
guilty or nolo contendere in return for a grant of deferred | ||
adjudication, regardless of whether the sentence for the offense | ||
was ever imposed or whether the sentence was probated and the | ||
defendant was subsequently discharged from community supervision. | ||
SECTION 4. Section 25.06(a), Alcoholic Beverage Code, as | ||
effective September 1, 2021, is amended to read as follows: | ||
(a) The commission shall deny an original application for a | ||
wine and malt beverage retailer's permit if the commission finds | ||
that the applicant, or the applicant's spouse, during the five | ||
years immediately preceding the application, was finally convicted | ||
of a felony or one of the following offenses: | ||
(1) prostitution or solicitation of prostitution; | ||
(2) a vagrancy offense involving moral turpitude; | ||
(3) bookmaking; | ||
(4) gambling or gaming; | ||
(5) an offense involving controlled substances as | ||
defined in Chapter 481, Health and Safety Code, or other dangerous | ||
drugs; | ||
(6) a violation of this code resulting in the | ||
cancellation of a license or permit, or a fine of not less than | ||
$500; | ||
(7) more than three violations of this code relating | ||
to minors; | ||
(8) bootlegging; or | ||
(9) an offense involving firearms or a deadly weapon. | ||
SECTION 5. Section 69.06(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) The commission shall deny an original application for a | ||
retail dealer's on-premise license if the commission finds that the | ||
applicant or the applicant's spouse, during the five years | ||
immediately preceding the application, was finally convicted of a | ||
felony or one of the following offenses: | ||
(1) prostitution or solicitation of prostitution; | ||
(2) a vagrancy offense involving moral turpitude; | ||
(3) bookmaking; | ||
(4) gambling or gaming; | ||
(5) an offense involving controlled substances as | ||
defined in the Texas Controlled Substances Act, including an | ||
offense involving a synthetic cannabinoid, or an offense involving | ||
other dangerous drugs; | ||
(6) a violation of this code resulting in the | ||
cancellation of a license or permit, or a fine of not less than | ||
$500; | ||
(7) more than three violations of this code relating | ||
to minors; | ||
(8) bootlegging; or | ||
(9) an offense involving firearms or a deadly weapon. | ||
SECTION 6. Section 125.0015(a), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(a) A person who maintains a place to which persons | ||
habitually go for the following purposes and who knowingly | ||
tolerates the activity and furthermore fails to make reasonable | ||
attempts to abate the activity maintains a common nuisance: | ||
(1) discharge of a firearm in a public place as | ||
prohibited by the Penal Code; | ||
(2) reckless discharge of a firearm as prohibited by | ||
the Penal Code; | ||
(3) engaging in organized criminal activity as a | ||
member of a combination as prohibited by the Penal Code; | ||
(4) delivery, possession, manufacture, or use of a | ||
substance or other item in violation of Chapter 481, Health and | ||
Safety Code; | ||
(5) gambling, gambling promotion, or communicating | ||
gambling information as prohibited by the Penal Code; | ||
(6) prostitution as described by Section 43.02, Penal | ||
Code, solicitation of prostitution as described by Section 43.021, | ||
Penal Code, promotion of prostitution as described by Section | ||
43.03, Penal Code, or aggravated promotion of prostitution as | ||
described by Section 43.04, [ |
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(7) compelling prostitution as prohibited by the Penal | ||
Code; | ||
(8) commercial manufacture, commercial distribution, | ||
or commercial exhibition of obscene material as prohibited by the | ||
Penal Code; | ||
(9) aggravated assault as described by Section 22.02, | ||
Penal Code; | ||
(10) sexual assault as described by Section 22.011, | ||
Penal Code; | ||
(11) aggravated sexual assault as described by Section | ||
22.021, Penal Code; | ||
(12) robbery as described by Section 29.02, Penal | ||
Code; | ||
(13) aggravated robbery as described by Section 29.03, | ||
Penal Code; | ||
(14) unlawfully carrying a weapon as described by | ||
Section 46.02, Penal Code; | ||
(15) murder as described by Section 19.02, Penal Code; | ||
(16) capital murder as described by Section 19.03, | ||
Penal Code; | ||
(17) continuous sexual abuse of young child or | ||
children as described by Section 21.02, Penal Code; | ||
(18) massage therapy or other massage services in | ||
violation of Chapter 455, Occupations Code; | ||
(19) employing a minor at a sexually oriented business | ||
as defined by Section 243.002, Local Government Code; | ||
(20) trafficking of persons as described by Section | ||
20A.02, Penal Code; | ||
(21) sexual conduct or performance by a child as | ||
described by Section 43.25, Penal Code; | ||
(22) employment harmful to a child as described by | ||
Section 43.251, Penal Code; | ||
(23) criminal trespass as described by Section 30.05, | ||
Penal Code; | ||
(24) disorderly conduct as described by Section 42.01, | ||
Penal Code; | ||
(25) arson as described by Section 28.02, Penal Code; | ||
(26) criminal mischief as described by Section 28.03, | ||
Penal Code, that causes a pecuniary loss of $500 or more; or | ||
(27) a graffiti offense in violation of Section 28.08, | ||
Penal Code. | ||
SECTION 7. Article 17.45, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.45. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION. | ||
A magistrate may require as a condition of bond that a defendant | ||
charged with an offense under Section 43.02 or 43.021, Penal Code, | ||
receive counseling or education, or both, relating to acquired | ||
immune deficiency syndrome or human immunodeficiency virus. | ||
SECTION 8. Article 42A.751(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) At any time during the period of community supervision, | ||
the judge may issue a warrant for a violation of any condition of | ||
community supervision and cause a defendant convicted under Section | ||
43.02 or 43.021, Penal Code, Chapter 481, Health and Safety Code, or | ||
Sections 485.031 through 485.035, Health and Safety Code, or placed | ||
on deferred adjudication community supervision after being charged | ||
with one of those offenses, to be subject to: | ||
(1) the control measures of Section 81.083, Health and | ||
Safety Code; and | ||
(2) the court-ordered-management provisions of | ||
Subchapter G, Chapter 81, Health and Safety Code. | ||
SECTION 9. Section 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), 21.09 (Bestiality), 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 43.04 (Aggravated | ||
promotion of prostitution), 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 43.021 | ||
(Solicitation of Prostitution) [ |
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if the offense is punishable as a felony of the second degree [ |
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(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), (K), or (L); | ||
(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), (K), or (L), 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; | ||
(K) a violation of Section 20A.02(a)(3), (4), | ||
(7), or (8) (Trafficking of persons), Penal Code; or | ||
(L) a violation of Section 20A.03 (Continuous | ||
trafficking of persons), Penal Code, if the offense is based partly | ||
or wholly on conduct that constitutes an offense under Section | ||
20A.02(a)(3), (4), (7), or (8) of that code. | ||
SECTION 10. Section 11.066, Education Code, is amended to | ||
read as follows: | ||
Sec. 11.066. ELIGIBILITY FOR SERVICE BY TRUSTEE CONVICTED | ||
OF CERTAIN OFFENSES. A person is ineligible to serve as a member of | ||
the board of trustees of a school district if the person has been | ||
convicted of a felony or an offense under Section 43.021 | ||
[ |
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SECTION 11. Section 51.03(b), Family Code, is amended to | ||
read as follows: | ||
(b) Conduct indicating a need for supervision is: | ||
(1) subject to Subsection (f), conduct, other than a | ||
traffic offense, that violates: | ||
(A) the penal laws of this state of the grade of | ||
misdemeanor that are punishable by fine only; or | ||
(B) the penal ordinances of any political | ||
subdivision of this state; | ||
(2) the voluntary absence of a child from the child's | ||
home without the consent of the child's parent or guardian for a | ||
substantial length of time or without intent to return; | ||
(3) conduct prohibited by city ordinance or by state | ||
law involving the inhalation of the fumes or vapors of paint and | ||
other protective coatings or glue and other adhesives and the | ||
volatile chemicals itemized in Section 485.001, Health and Safety | ||
Code; | ||
(4) an act that violates a school district's | ||
previously communicated written standards of student conduct for | ||
which the child has been expelled under Section 37.007(c), | ||
Education Code; | ||
(5) notwithstanding Subsection (a)(1), conduct | ||
described by Section 43.02 or 43.021 [ |
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or | ||
(6) notwithstanding Subsection (a)(1), conduct that | ||
violates Section 43.261, Penal Code. | ||
SECTION 12. Section 261.001(1), Family Code, is amended to | ||
read as follows: | ||
(1) "Abuse" includes the following acts or omissions | ||
by a person: | ||
(A) mental or emotional injury to a child that | ||
results in an observable and material impairment in the child's | ||
growth, development, or psychological functioning; | ||
(B) causing or permitting the child to be in a | ||
situation in which the child sustains a mental or emotional injury | ||
that results in an observable and material impairment in the | ||
child's growth, development, or psychological functioning; | ||
(C) physical injury that results in substantial | ||
harm to the child, or the genuine threat of substantial harm from | ||
physical injury to the child, including an injury that is at | ||
variance with the history or explanation given and excluding an | ||
accident or reasonable discipline by a parent, guardian, or | ||
managing or possessory conservator that does not expose the child | ||
to a substantial risk of harm; | ||
(D) failure to make a reasonable effort to | ||
prevent an action by another person that results in physical injury | ||
that results in substantial harm to the child; | ||
(E) sexual conduct harmful to a child's mental, | ||
emotional, or physical welfare, including conduct that constitutes | ||
the offense of continuous sexual abuse of young child or children | ||
under Section 21.02, Penal Code, indecency with a child under | ||
Section 21.11, Penal Code, sexual assault under Section 22.011, | ||
Penal Code, or aggravated sexual assault under Section 22.021, | ||
Penal Code; | ||
(F) failure to make a reasonable effort to | ||
prevent sexual conduct harmful to a child; | ||
(G) compelling or encouraging the child to engage | ||
in sexual conduct as defined by Section 43.01, Penal Code, | ||
including compelling or encouraging the child in a manner that | ||
constitutes an offense of trafficking of persons under Section | ||
20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under | ||
Section 43.021 [ |
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under Section 43.05(a)(2), Penal Code; | ||
(H) causing, permitting, encouraging, engaging | ||
in, or allowing the photographing, filming, or depicting of the | ||
child if the person knew or should have known that the resulting | ||
photograph, film, or depiction of the child is obscene as defined by | ||
Section 43.21, Penal Code, or pornographic; | ||
(I) the current use by a person of a controlled | ||
substance as defined by Chapter 481, Health and Safety Code, in a | ||
manner or to the extent that the use results in physical, mental, or | ||
emotional injury to a child; | ||
(J) causing, expressly permitting, or | ||
encouraging a child to use a controlled substance as defined by | ||
Chapter 481, Health and Safety Code; | ||
(K) causing, permitting, encouraging, engaging | ||
in, or allowing a sexual performance by a child as defined by | ||
Section 43.25, Penal Code; | ||
(L) knowingly causing, permitting, encouraging, | ||
engaging in, or allowing a child to be trafficked in a manner | ||
punishable as an offense under Section 20A.02(a)(5), (6), (7), or | ||
(8), Penal Code, or the failure to make a reasonable effort to | ||
prevent a child from being trafficked in a manner punishable as an | ||
offense under any of those sections; or | ||
(M) forcing or coercing a child to enter into a | ||
marriage. | ||
SECTION 13. Section 71.0353, Government Code, is amended to | ||
read as follows: | ||
Sec. 71.0353. TRAFFICKING OF PERSONS INFORMATION. As a | ||
component of the official monthly report submitted to the Office of | ||
Court Administration of the Texas Judicial System, a district court | ||
or county court at law shall report the number of cases filed for | ||
the following offenses: | ||
(1) trafficking of persons under Section 20A.02, Penal | ||
Code; | ||
(2) prostitution under Section 43.02, Penal Code; | ||
(3) solicitation of prostitution under Section | ||
43.021, Penal Code; and | ||
(4) [ |
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43.05, Penal Code. | ||
SECTION 14. Section 402.035(d), Government Code, is 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 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 as a felony of | ||
the second degree under Section 43.021 [ |
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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; | ||
(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 solicitation of prostitution with victims younger than 18 years | ||
of age; and | ||
(13) 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 15. Section 411.042(b), Government Code, is amended | ||
to read as follows: | ||
(b) The bureau of identification and records shall: | ||
(1) procure and file for record photographs, pictures, | ||
descriptions, fingerprints, measurements, and other pertinent | ||
information of all persons arrested for or charged with a criminal | ||
offense or convicted of a criminal offense, regardless of whether | ||
the conviction is probated; | ||
(2) collect information concerning the number and | ||
nature of offenses reported or known to have been committed in the | ||
state and the legal steps taken in connection with the offenses, and | ||
other information useful in the study of crime and the | ||
administration of justice, including information that enables the | ||
bureau to create a statistical breakdown of: | ||
(A) offenses in which family violence was | ||
involved; | ||
(B) offenses under Sections 22.011 and 22.021, | ||
Penal Code; and | ||
(C) offenses under Sections 20A.02, 43.02 | ||
[ |
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43.05, Penal Code; | ||
(3) make ballistic tests of bullets and firearms and | ||
chemical analyses of bloodstains, cloth, materials, and other | ||
substances for law enforcement officers of the state; | ||
(4) cooperate with identification and crime records | ||
bureaus in other states and the United States Department of | ||
Justice; | ||
(5) maintain a list of all previous background checks | ||
for applicants for any position regulated under Chapter 1702, | ||
Occupations Code, who have undergone a criminal history background | ||
check as required by that chapter, if the check indicates a Class B | ||
misdemeanor or equivalent offense or a greater offense; | ||
(6) collect information concerning the number and | ||
nature of protective orders and magistrate's orders of emergency | ||
protection and all other pertinent information about all persons | ||
subject to active orders, including pertinent information about | ||
persons subject to conditions of bond imposed for the protection of | ||
the victim in any family violence, sexual assault or abuse, | ||
indecent assault, stalking, or trafficking case. Information in the | ||
law enforcement information system relating to an active order | ||
shall include: | ||
(A) the name, sex, race, date of birth, personal | ||
descriptors, address, and county of residence of the person to whom | ||
the order is directed; | ||
(B) any known identifying number of the person to | ||
whom the order is directed, including the person's social security | ||
number or driver's license number; | ||
(C) the name and county of residence of the | ||
person protected by the order; | ||
(D) the residence address and place of employment | ||
or business of the person protected by the order; | ||
(E) the child-care facility or school where a | ||
child protected by the order normally resides or which the child | ||
normally attends; | ||
(F) the relationship or former relationship | ||
between the person who is protected by the order and the person to | ||
whom the order is directed; | ||
(G) the conditions of bond imposed on the person | ||
to whom the order is directed, if any, for the protection of a | ||
victim in any family violence, sexual assault or abuse, indecent | ||
assault, stalking, or trafficking case; | ||
(H) any minimum distance the person subject to | ||
the order is required to maintain from the protected places or | ||
persons; and | ||
(I) the date the order expires; | ||
(7) grant access to criminal history record | ||
information in the manner authorized under Subchapter F; | ||
(8) collect and disseminate information regarding | ||
offenders with mental impairments in compliance with Chapter 614, | ||
Health and Safety Code; and | ||
(9) record data and maintain a state database for a | ||
computerized criminal history record system and computerized | ||
juvenile justice information system that serves: | ||
(A) as the record creation point for criminal | ||
history record information and juvenile justice information | ||
maintained by the state; and | ||
(B) as the control terminal for the entry of | ||
records, in accordance with federal law and regulations, federal | ||
executive orders, and federal policy, into the federal database | ||
maintained by the Federal Bureau of Investigation. | ||
SECTION 16. Section 411.1471(a), Government Code, is | ||
amended to read as follows: | ||
(a) This section applies to a defendant who is: | ||
(1) arrested for a felony prohibited under any of the | ||
following Penal Code sections: | ||
(A) Section 19.02; | ||
(B) Section 19.03; | ||
(C) Section 20.03; | ||
(D) Section 20.04; | ||
(E) Section 20.05; | ||
(F) Section 20.06; | ||
(G) Section 20A.02; | ||
(H) Section 20A.03; | ||
(I) Section 21.02; | ||
(J) Section 21.11; | ||
(K) Section 22.01; | ||
(L) Section 22.011; | ||
(M) Section 22.02; | ||
(N) Section 22.021; | ||
(O) Section 25.02; | ||
(P) Section 29.02; | ||
(Q) Section 29.03; | ||
(R) Section 30.02; | ||
(S) Section 31.03; | ||
(T) Section 43.03; | ||
(U) Section 43.04; | ||
(V) Section 43.05; | ||
(W) Section 43.25; or | ||
(X) Section 43.26; or | ||
(2) convicted of an offense: | ||
(A) under Title 5, Penal Code, other than an | ||
offense described by Subdivision (1), that is punishable as a Class | ||
A misdemeanor or any higher category of offense, except for an | ||
offense punishable as a Class A misdemeanor under Section 22.05, | ||
Penal Code; or | ||
(B) under Section 21.08, 25.04, 43.021 | ||
[ |
||
SECTION 17. Section 81.093(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A court may direct a person convicted of an offense | ||
under Section 43.02 or 43.021, Penal Code, under Chapter 481 (Texas | ||
Controlled Substances Act), or under Sections 485.031 through | ||
485.035 to be subject to the control measures of Section 81.083 and | ||
to the court-ordered management provisions of Subchapter G. | ||
SECTION 18. The heading to Chapter 169, Health and Safety | ||
Code, is amended to read as follows: | ||
CHAPTER 169. FIRST OFFENDER SOLICITATION OF PROSTITUTION | ||
PREVENTION PROGRAM | ||
SECTION 19. Section 169.001, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 169.001. FIRST OFFENDER SOLICITATION OF PROSTITUTION | ||
PREVENTION PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS. (a) In | ||
this chapter, "first offender solicitation of 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 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. | ||
(b) If a defendant successfully completes a first offender | ||
solicitation of prostitution prevention program, regardless of | ||
whether the defendant was convicted of the offense for which the | ||
defendant entered the program or whether the court deferred further | ||
proceedings without entering an adjudication of guilt, after notice | ||
to the state and a hearing on whether the defendant is otherwise | ||
entitled to the petition, including whether the required time | ||
period 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, Government Code, 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 if the defendant: | ||
(1) has not been previously convicted of a felony | ||
offense; and | ||
(2) is not convicted of any other felony offense | ||
before the second anniversary of the defendant's successful | ||
completion of the program. | ||
SECTION 20. Sections 169.002(a), (b), (d), (e), and (f), | ||
Health and Safety Code, are amended to read as follows: | ||
(a) The commissioners court of a county or governing body of | ||
a municipality may establish a first offender solicitation of | ||
prostitution prevention program for defendants charged with an | ||
offense under Section 43.021 [ |
||
(b) A defendant is eligible to participate in a first | ||
offender solicitation of prostitution prevention program | ||
established under this chapter only if: | ||
(1) the attorney representing the state consents to | ||
the defendant's participation in the program; and | ||
(2) the court in which the criminal case is pending | ||
finds that the defendant has not been previously convicted of: | ||
(A) an offense under Section 20A.02, 43.02(b), as | ||
that law existed before September 1, 2021 [ |
||
43.031, 43.04, 43.041, or 43.05, Penal Code; | ||
(B) an offense listed in Article 42A.054(a), Code | ||
of Criminal Procedure; or | ||
(C) an offense punishable as a felony under | ||
Chapter 481. | ||
(d) A defendant is not eligible to participate in the first | ||
offender solicitation of prostitution prevention program if the | ||
defendant offered or agreed to hire a person to engage in sexual | ||
conduct and the person was younger than 18 years of age at the time | ||
of the offense. | ||
(e) The court in which the criminal case is pending shall | ||
allow an eligible defendant to choose whether to participate in the | ||
first offender solicitation of prostitution prevention program or | ||
otherwise proceed through the criminal justice system. | ||
(f) If a defendant who chooses to participate in the first | ||
offender solicitation of prostitution prevention program fails to | ||
attend any portion of the program, the court in which the | ||
defendant's criminal case is pending shall issue a warrant for the | ||
defendant's arrest and proceed on the criminal case as if the | ||
defendant had chosen not to participate in the program. | ||
SECTION 21. Section 169.003(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A first offender solicitation of 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 sex addiction, sexually | ||
transmitted diseases, mental health, and substance abuse; and | ||
(4) provide each participant with classroom | ||
instruction related to the prevention of the solicitation of | ||
prostitution. | ||
SECTION 22. Sections 169.004, 169.005, and 169.006, Health | ||
and Safety Code, are amended to read as follows: | ||
Sec. 169.004. OVERSIGHT. (a) The lieutenant governor and | ||
the speaker of the house of representatives may assign to | ||
appropriate legislative committees duties relating to the | ||
oversight of first offender solicitation of prostitution | ||
prevention programs established under this chapter. | ||
(b) A legislative committee or the governor may request the | ||
state auditor to perform a management, operations, or financial or | ||
accounting audit of a first offender solicitation of prostitution | ||
prevention program established under this chapter. | ||
(c) A first offender solicitation of prostitution | ||
prevention program established under this chapter shall: | ||
(1) notify the criminal justice division of the | ||
governor's office before or on implementation of the program; and | ||
(2) provide information regarding the performance of | ||
the program to the division on request. | ||
Sec. 169.005. REIMBURSEMENT FEES. (a) A first offender | ||
solicitation of prostitution prevention program established under | ||
this chapter may collect from a participant in the program a | ||
nonrefundable reimbursement fee for the program in a reasonable | ||
amount not to exceed $1,000, from which the following must be paid: | ||
(1) a counseling and services reimbursement fee in an | ||
amount necessary to cover the costs of the counseling and services | ||
provided by the program; and | ||
(2) a law enforcement training reimbursement fee, in | ||
an amount equal to five percent of the total amount paid under | ||
Subdivision (1), to be deposited to the credit of the treasury of | ||
the county or municipality that established the program to cover | ||
costs associated with the provision of training to law enforcement | ||
personnel on domestic violence, prostitution, and the trafficking | ||
of persons. | ||
(b) Reimbursement fees collected under this section may be | ||
paid on a periodic basis or on a deferred payment schedule at the | ||
discretion of the judge, magistrate, or program director | ||
administering the first offender solicitation of prostitution | ||
prevention program. The fees must be based on the participant's | ||
ability to pay. | ||
Sec. 169.006. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE | ||
REQUIREMENT. (a) To encourage participation in a first offender | ||
solicitation of prostitution prevention program established under | ||
this chapter, the judge or magistrate administering the program may | ||
suspend any requirement that, as a condition of community | ||
supervision, a participant in the program work a specified number | ||
of hours at a community service project. | ||
(b) On a participant's successful completion of a first | ||
offender solicitation of prostitution prevention program, a judge | ||
or magistrate may excuse the participant from any condition of | ||
community supervision previously suspended under Subsection (a). | ||
SECTION 23. Section 455.202(d)(2), Occupations Code, is | ||
amended to read as follows: | ||
(2) "Sexual contact" includes: | ||
(A) any touching of any part of the genitalia or | ||
anus; | ||
(B) any touching of the breasts of a female | ||
without the written consent of the female; | ||
(C) any offer or agreement to engage in any | ||
activity described in Paragraph (A) or (B); | ||
(D) kissing without the consent of both persons; | ||
(E) deviate sexual intercourse, sexual contact, | ||
sexual intercourse, indecent exposure, sexual assault, | ||
prostitution, solicitation of prostitution, and promotion | ||
[ |
||
43, Penal Code, or any offer or agreement to engage in such | ||
activities; | ||
(F) any behavior, gesture, or expression that may | ||
reasonably be interpreted as inappropriately seductive or sexual; | ||
or | ||
(G) inappropriate sexual comments about or to a | ||
client, including sexual comments about a person's body. | ||
SECTION 24. Section 15.031(b), Penal Code, is amended to | ||
read as follows: | ||
(b) A person commits an offense if, with intent that an | ||
offense under Section 20A.02(a)(7) or (8), 21.02, 21.11, 22.011, | ||
22.021, 43.02, 43.021, 43.05(a)(2), or 43.25 be committed, the | ||
person by any means requests, commands, or attempts to induce a | ||
minor or another whom the person believes to be a minor to engage in | ||
specific conduct that, under the circumstances surrounding the | ||
actor's conduct as the actor believes them to be, would constitute | ||
an offense under one of those sections or would make the minor or | ||
other believed by the person to be a minor a party to the commission | ||
of an offense under one of those sections. | ||
SECTION 25. Section 20A.02(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person knowingly: | ||
(1) traffics another person with the intent that the | ||
trafficked person engage in forced labor or services; | ||
(2) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (1), including | ||
by receiving labor or services the person knows are forced labor or | ||
services; | ||
(3) traffics another person and, through force, fraud, | ||
or coercion, causes the trafficked person to engage in conduct | ||
prohibited by: | ||
(A) Section 43.02 (Prostitution); | ||
(B) Section 43.03 (Promotion of Prostitution); | ||
(B-1) Section 43.031 (Online Promotion of | ||
Prostitution); | ||
(C) Section 43.04 (Aggravated Promotion of | ||
Prostitution); | ||
(C-1) Section 43.041 (Aggravated Online | ||
Promotion of Prostitution); or | ||
(D) Section 43.05 (Compelling Prostitution); | ||
(4) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (3) or engages | ||
in sexual conduct with a person trafficked in the manner described | ||
in Subdivision (3); | ||
(5) traffics a child with the intent that the | ||
trafficked child engage in forced labor or services; | ||
(6) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (5), including | ||
by receiving labor or services the person knows are forced labor or | ||
services; | ||
(7) traffics a child and by any means causes the | ||
trafficked child to engage in, or become the victim of, conduct | ||
prohibited by: | ||
(A) Section 21.02 (Continuous Sexual Abuse of | ||
Young Child or Children); | ||
(B) Section 21.11 (Indecency with a Child); | ||
(C) Section 22.011 (Sexual Assault); | ||
(D) Section 22.021 (Aggravated Sexual Assault); | ||
(E) Section 43.02 (Prostitution); | ||
(E-1) Section 43.021 (Solicitation of | ||
Prostitution); | ||
(F) Section 43.03 (Promotion of Prostitution); | ||
(F-1) Section 43.031 (Online Promotion of | ||
Prostitution); | ||
(G) Section 43.04 (Aggravated Promotion of | ||
Prostitution); | ||
(G-1) Section 43.041 (Aggravated Online | ||
Promotion of Prostitution); | ||
(H) Section 43.05 (Compelling Prostitution); | ||
(I) Section 43.25 (Sexual Performance by a | ||
Child); | ||
(J) Section 43.251 (Employment Harmful to | ||
Children); or | ||
(K) Section 43.26 (Possession or Promotion of | ||
Child Pornography); or | ||
(8) receives a benefit from participating in a venture | ||
that involves an activity described by Subdivision (7) or engages | ||
in sexual conduct with a child trafficked in the manner described in | ||
Subdivision (7). | ||
SECTION 26. Section 25.08(c), Penal Code, is amended to | ||
read as follows: | ||
(c) An offense under this section is a felony of the third | ||
degree, except that the offense is a felony of the second degree if | ||
the actor commits the offense with intent to commit an offense under | ||
Section 20A.02, 43.021 [ |
||
SECTION 27. Section 25.081(c), Penal Code, is amended to | ||
read as follows: | ||
(c) An offense under this section is a felony of the third | ||
degree, except that the offense is a felony of the second degree if | ||
the actor commits the offense with intent to commit an offense under | ||
Section 20A.02, 43.021 [ |
||
SECTION 28. Section 43.01, Penal Code, is amended by adding | ||
Subdivision (6) to read as follows: | ||
(6) "Solicitation of prostitution" means the offense | ||
defined in Section 43.021. | ||
SECTION 29. Section 43.031(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person owns, manages, | ||
or operates an interactive computer service or information content | ||
provider, or operates as an information content provider, with the | ||
intent to promote the prostitution of another person or facilitate | ||
another person to engage in prostitution or solicitation of | ||
prostitution. | ||
SECTION 30. Section 43.041(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person owns, manages, | ||
or operates an interactive computer service or information content | ||
provider, or operates as an information content provider, with the | ||
intent to promote the prostitution of five or more persons or | ||
facilitate five or more persons to engage in prostitution or | ||
solicitation of prostitution. | ||
SECTION 31. Section 93.013(a), Property Code, is amended to | ||
read as follows: | ||
(a) Notwithstanding a provision in a lease to the contrary, | ||
a tenant's right of possession terminates and the landlord has a | ||
right to recover possession of the leased premises if the tenant is | ||
using the premises or allowing the premises to be used for the | ||
purposes of prostitution as described by Section 43.02, Penal Code, | ||
solicitation of prostitution as described by Section 43.021, Penal | ||
Code, promotion of prostitution as described by Section 43.03, | ||
Penal Code, aggravated promotion of prostitution as described by | ||
Section 43.04, Penal Code, [ |
||
described [ |
||
trafficking of persons as described by Section 20A.02, Penal Code. | ||
SECTION 32. 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 33. This Act takes effect September 1, 2021. |