Court programs for commercially sexually exploited persons must provide legal counsel, let participants withdraw before trial, give specified support services, and share information about nondisclosure petitions.
Sec. 126.004. PROGRAM POWERS AND DUTIES. (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 sex addiction, sexually transmitted diseases, mental health, and substance abuse; and (4) provide each participant with instruction related to the prevention of prostitution. (b) To provide each program participant with information, counseling, and services described by Subsection (a)(3), a program established under this chapter may employ a person or solicit a volunteer who is: (1) a health care professional; (2) a psychologist; (3) a licensed social worker or counselor; (4) a former prostitute; (5) a family member of a person arrested for soliciting prostitution; (6) a member of a neighborhood association or community that is adversely affected by the commercial sex trade or trafficking of persons; or (7) an employee of a nongovernmental organization specializing in advocacy or laws related to sex trafficking or human trafficking or in providing services to victims of those offenses. (c) A program established under this chapter shall establish and publish local procedures to promote maximum participation of eligible defendants in programs established in the county or municipality in which the defendants reside. (d) A program established under this chapter shall provide each program participant with information related to the right to petition for an order of nondisclosure of criminal history record information under Section 411.0728. Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 604 (S.B. 536), Sec. 1, eff. June 16, 2015. Transferred and redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(31), eff. September 1, 2015. Amended by: Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 4.03, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 529 (S.B. 1801), Sec. 3, eff. September 1, 2019.