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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of prostitution, the defendants eligible |
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for participation in a first offender prostitution prevention |
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program, and certain procedures for the provision of services under |
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the program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 169.002(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county or governing body of |
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a municipality may establish a first offender prostitution |
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prevention program for defendants charged with an offense under |
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Section 43.02 [43.02(a)(2)], Penal Code[, in which the defendant
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offered or agreed to hire a person to engage in sexual conduct]. |
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SECTION 2. Chapter 169, Health and Safety Code, is amended |
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by adding Section 169.0035 to read as follows: |
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Sec. 169.0035. SEPARATE AND APPROPRIATE COUNSELING, |
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SERVICES, AND CLASSROOM INSTRUCTION. A commissioners court of a |
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county or governing body of a municipality that establishes a first |
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offender prostitution prevention program under this chapter must |
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provide separate and appropriate counseling, services, and |
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classroom instruction under Section 169.003 for defendants charged |
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under Section 43.02(a)(1), Penal Code, and defendants charged under |
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Section 43.02(a)(2), Penal Code. |
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SECTION 3. Section 43.02, Penal Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (e) to read |
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as follows: |
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(a) A person commits an offense if the person [he] |
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knowingly: |
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(1) offers to engage, agrees to engage, or engages in |
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sexual conduct for a fee; or |
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(2) solicits another in a public place to engage with |
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the person [him] in sexual conduct for hire. |
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(b) An offense is established under Subsection (a)(1) |
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whether the actor is to receive or pay a fee. An offense is |
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established under Subsection (a)(2) whether the actor solicits a |
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person to hire the actor [him] or offers to hire the person |
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solicited. |
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(e) A conviction may be used for purposes of enhancement |
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under this section or enhancement under Subchapter D, Chapter 12, |
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but not under both this section and Subchapter D, Chapter 12. For |
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purposes of enhancement of penalties under this section or |
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Subchapter D, Chapter 12, a defendant is previously convicted of an |
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offense under this section if the defendant was adjudged guilty of |
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the offense or entered a plea of guilty or nolo contendere in return |
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for a grant of deferred adjudication, regardless of whether the |
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sentence for the offense was ever imposed or whether the sentence |
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was probated and the defendant was subsequently discharged from |
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community supervision. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |