This document is a bill that proposes amendments to laws relating to prostitution offenses and prevention programs in Texas. Some key points:
- It seeks to amend laws to expand eligibility and requirements for first offender prostitution prevention programs and prostitution prevention programs.
- The amendments would provide legal counsel for eligible offenders, allow withdrawal at any time before trial, and require providing counseling and education services.
- It aims to modify criminal offenses related to prostitution to clarify elements of the offenses and revise classifications and punishments, including raising penalties for repeat offenses.
- Additional amendments relate to conduct indicating a need for supervision involving juveniles and definitions involving child abuse.
This document summarizes House Bill 494 which allows for the use of continuous alcohol monitoring systems (CAMS) in several contexts:
1) As a condition of pretrial release or probation to verify alcohol abstinence.
2) To mitigate punishments for impaired driving offenses by allowing offenders to show compliance with alcohol abstinence through CAMS.
3) To ensure compliance with child custody and visitation orders by making alcohol abstinence through CAMS a condition for these orders.
The bill amends several statutes to incorporate CAMS and requires the Division of Adult Correction to establish regulations for their use and approval.
This document summarizes Texas laws related to drivers license suspension periods for driving while intoxicated (DWI) offenses. Key points include: license suspension periods of 90 days to 2 years for first or subsequent DWI convictions; required ignition interlock devices for certain convictions; no deferred adjudication or early release for DWI offenses; and mandatory jail time as a condition of community supervision for DWI convictions. Community service may be ordered unless certain exceptions apply, and community supervision does not have to be for the maximum two years.
This case concerns Civil Beat's request for disciplinary records of 12 Honolulu police officers who were suspended for at least 20 days for various types of misconduct. The circuit court ordered HPD to disclose the records, finding that police officers have no privacy interest in such records based on a prior state Supreme Court case. On appeal, the Supreme Court vacated the circuit court's judgment, holding that police officers do have a significant privacy interest in their disciplinary suspension records under the state's Uniform Information Practices Act. However, the Supreme Court could not determine based on the limited record whether disclosure was required after balancing the privacy interest against the public interest, so it remanded the case back to the circuit court to conduct this balancing analysis.
Hawaii Supreme Court Concurring Opinion Police MisconductHonolulu Civil Beat
The concurring opinion agrees with the majority that individual police officers have a significant privacy interest in records related to employment misconduct that resulted in suspension. The circuit court erred in concluding otherwise and failing to weigh the privacy interests against the public interest in disclosure. The case is remanded to the circuit court to conduct the proper balancing test, as disclosure of records where a significant privacy interest exists requires showing that the public interest outweighs the privacy interest.
The document summarizes key aspects of the Punjab Employees' Efficiency Discipline and Accountability Act of 2006. It outlines the background and history leading to the act. It then discusses some of the major sections of the act including definitions, grounds for proceedings, categories of penalties, procedures for inquiries, and powers of inquiry officers/committees. The act provides a legal framework for handling issues of employee discipline, accountability and efficiency in the Punjab province of Pakistan.
The document outlines standard operating procedures for Flying Squads and Static Surveillance Teams constituted by the Election Commission of India to monitor elections and prevent bribery, intimidation, and other illegal activities. It details the composition and responsibilities of the squads, which include responding to complaints, seizing illegal items like cash or weapons, and submitting daily reports. It emphasizes the need to maintain integrity and transparency during checks. The overall aim is to ensure free and fair elections in accordance with Indian law.
The document summarizes the Punjab Employees Efficiency, Discipline and Accountability Act of 2006. It outlines the various versions of disciplinary rules that preceded the 2006 Act. It then details the key aspects of the 2006 Act, including grounds for proceedings, applicable penalties, procedures for initiating regular inquiries or using a show cause notice method, powers of inquiry officers, duties of departmental representatives, and timelines for completing proceedings. It also identifies the competent authorities for imposing penalties based on the employee's pay scale and describes a model draft order for appointing an inquiry officer or committee.
The document outlines rules and regulations regarding the ban on bearing, carrying, or transporting firearms or other deadly weapons, and the employment of security personnel during the election period for the May 13, 2013 elections in the Philippines. Specifically, it bans anyone from carrying firearms outside their residence during the election period, with exceptions for law enforcement and security personnel. It also bans candidates from employing private security guards during this time, again with exceptions. The document defines key terms, establishes the bodies responsible for implementing these rules, and outlines the specific circumstances under which firearms and security personnel are allowed.
This document summarizes House Bill 494 which allows for the use of continuous alcohol monitoring systems (CAMS) in several contexts:
1) As a condition of pretrial release or probation to verify alcohol abstinence.
2) To mitigate punishments for impaired driving offenses by allowing offenders to show compliance with alcohol abstinence through CAMS.
3) To ensure compliance with child custody and visitation orders by making alcohol abstinence through CAMS a condition for these orders.
The bill amends several statutes to incorporate CAMS and requires the Division of Adult Correction to establish regulations for their use and approval.
This document summarizes Texas laws related to drivers license suspension periods for driving while intoxicated (DWI) offenses. Key points include: license suspension periods of 90 days to 2 years for first or subsequent DWI convictions; required ignition interlock devices for certain convictions; no deferred adjudication or early release for DWI offenses; and mandatory jail time as a condition of community supervision for DWI convictions. Community service may be ordered unless certain exceptions apply, and community supervision does not have to be for the maximum two years.
This case concerns Civil Beat's request for disciplinary records of 12 Honolulu police officers who were suspended for at least 20 days for various types of misconduct. The circuit court ordered HPD to disclose the records, finding that police officers have no privacy interest in such records based on a prior state Supreme Court case. On appeal, the Supreme Court vacated the circuit court's judgment, holding that police officers do have a significant privacy interest in their disciplinary suspension records under the state's Uniform Information Practices Act. However, the Supreme Court could not determine based on the limited record whether disclosure was required after balancing the privacy interest against the public interest, so it remanded the case back to the circuit court to conduct this balancing analysis.
Hawaii Supreme Court Concurring Opinion Police MisconductHonolulu Civil Beat
The concurring opinion agrees with the majority that individual police officers have a significant privacy interest in records related to employment misconduct that resulted in suspension. The circuit court erred in concluding otherwise and failing to weigh the privacy interests against the public interest in disclosure. The case is remanded to the circuit court to conduct the proper balancing test, as disclosure of records where a significant privacy interest exists requires showing that the public interest outweighs the privacy interest.
The document summarizes key aspects of the Punjab Employees' Efficiency Discipline and Accountability Act of 2006. It outlines the background and history leading to the act. It then discusses some of the major sections of the act including definitions, grounds for proceedings, categories of penalties, procedures for inquiries, and powers of inquiry officers/committees. The act provides a legal framework for handling issues of employee discipline, accountability and efficiency in the Punjab province of Pakistan.
The document outlines standard operating procedures for Flying Squads and Static Surveillance Teams constituted by the Election Commission of India to monitor elections and prevent bribery, intimidation, and other illegal activities. It details the composition and responsibilities of the squads, which include responding to complaints, seizing illegal items like cash or weapons, and submitting daily reports. It emphasizes the need to maintain integrity and transparency during checks. The overall aim is to ensure free and fair elections in accordance with Indian law.
The document summarizes the Punjab Employees Efficiency, Discipline and Accountability Act of 2006. It outlines the various versions of disciplinary rules that preceded the 2006 Act. It then details the key aspects of the 2006 Act, including grounds for proceedings, applicable penalties, procedures for initiating regular inquiries or using a show cause notice method, powers of inquiry officers, duties of departmental representatives, and timelines for completing proceedings. It also identifies the competent authorities for imposing penalties based on the employee's pay scale and describes a model draft order for appointing an inquiry officer or committee.
The document outlines rules and regulations regarding the ban on bearing, carrying, or transporting firearms or other deadly weapons, and the employment of security personnel during the election period for the May 13, 2013 elections in the Philippines. Specifically, it bans anyone from carrying firearms outside their residence during the election period, with exceptions for law enforcement and security personnel. It also bans candidates from employing private security guards during this time, again with exceptions. The document defines key terms, establishes the bodies responsible for implementing these rules, and outlines the specific circumstances under which firearms and security personnel are allowed.
Efficiency & discipline rules by muhammad ejaz ghani from stiMuhammadUmair522
The document discusses disciplinary rules and procedures for government servants in Pakistan. It outlines the purpose of disciplinary rules as balancing the rights of employers and employees. It defines key terms and outlines the grounds for penalties against government servants, including inefficiency, misconduct, corruption, subversive activities, and disclosure of official secrets. It describes the process for departmental inquiries and preliminary inquiries. It provides details of the minor and major penalties that can be imposed. It also outlines the inquiry procedures, including appointing an inquiry officer or committee, framing charges, allowing the accused to respond to allegations, and examining evidence.
The document summarizes several bills passed by the Florida legislature in 2007 tightening laws around sex crimes. Senate Bill 2866 requires sharing details of accused sex offenders. Senate Bill 0988 calls for distinctive markings on driver's licenses for sex offenders. Senate Bill 1604 requires lifetime registration for sex offenders providing identification details. Senate Bill 0146 prohibits bail for registered sex offenders accused of new crimes. Senate Bill 1004 outlaws child pornography and traveling to meet minors for illegal acts. The Florida Sexual Predators Act also aims to prevent their early release from prison or work with children.
This document outlines India's policies regarding arms and ammunition for individuals. Key points include:
- Licenses for prohibited bore (automatic/semi-automatic) weapons are issued by the central government, while licenses for non-prohibited bore weapons are issued by state/district authorities.
- Strict police verification is required for all license applications, and licensing authorities must wait 60 days to receive the verification report before granting a license.
- Licenses for prohibited bore weapons will only be considered for those facing grave threats, such as residents of terrorist-active areas or government officials targeted by terrorists.
- Norms are established for granting non-prohibited bore weapon licenses, including requiring police assessment of any threats faced by
This document is a court judgment regarding a request made under the Right to Information Act for details of corrupt police officers in Kerala. The State Information Commission ordered the disclosure of information regarding officers convicted of corruption or human rights violations, or against whom a final police report was submitted to court. However, details of officers under ongoing investigation were not to be disclosed. The petitioners challenged this order, arguing the State Crime Records Bureau is exempt from RTI requests. The court heard arguments from both sides and the judgment discusses the issues around applying exemptions for ongoing investigations versus ordering disclosure of certain established misconduct details.
This document provides a list of offenses pursuant to the Companies Acts 1963-2009 in Ireland for which criminal sanctions apply. It notes that the list is illustrative and does not include all obligations under the Acts. Various statutory provisions from the Companies Acts are then summarized, outlining offenses related to prospectuses, financial statements, directors' conduct, and liquidators' obligations. Penalties for offenses include fines and imprisonment depending on whether the offense is a summary conviction or conviction on indictment. The document provides context on interpreting the offenses and applicable penalties.
The document discusses several important electoral reforms proposed by the Election Commission of India, including:
1. De-criminalizing politics by disqualifying candidates charged with crimes punishable by 5+ years in prison if charges were framed 6+ months before the election.
2. Making 'paid news' an electoral offense with a minimum 2 year prison sentence.
3. Enhancing punishments for electoral offenses like bribery which currently only face small fines.
4. Requiring political parties to publicly maintain and audit accounts of donations and expenditures to increase transparency.
Fraud in government-funded programs can occur anywhere – – Medicare fraud, defense contracting fraud, GSA Schedules and other types of government contracting fraud. When an individual sues on behalf of the United States to recover fraudulently obtained funds, this is known as qui tam whistleblower litigation.
The document discusses the history and provisions of the Goondas Act in Tamil Nadu, India. It describes how the Act was originally enacted in 1982 to address dangerous activities by bootleggers, drug offenders, goondas, and others. It has since been amended several times to include additional categories of offenses. The key aspects covered include: definitions of who qualifies as a "goonda"; the power of the state government to issue detention orders; constitution of advisory boards to review detentions; maximum detention periods; and provisions for temporary release of detainees.
The Supreme Court of India granted bail to the appellant Sudesh Kedia who was accused of offenses related to terrorism funding. Kedia was accused of paying extortion money ("levy") to the terrorist organization Tritiya Prastuti Committee (TPC) in order to operate his coal transportation business smoothly. The Court found that payment of extortion money alone does not amount to terrorism funding. It also found that meeting with TPC members to pay extortion money does not by itself indicate conspiracy with the terrorist organization. The Court concluded that a prima facie case of terrorism funding offenses was not made out against Kedia based on the evidence and granted him bail.
SC/ST (PoA) Act Monitoring at the state levelOpenSpace
The document outlines the various mechanisms that states must establish to monitor the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, including setting up state and district level vigilance and monitoring committees, issuing mandatory notifications, submitting monthly and quarterly reports, and conducting reviews of investigations, prosecutions, and preventive actions. Key requirements include notifying atrocity prone areas, constituting special courts and prosecution panels, submitting investigation and prosecution reports, and reviewing the performance of investigating officers, prosecution, and committees.
This document outlines the grounds and procedures for disciplinary actions against local elective officials in the Philippines. It discusses the following key points:
- Grounds for disciplinary actions against elective officials include disloyalty, abuse of authority, commission of crimes, and unauthorized absences.
- Complaints must be filed with the Office of the President, provincial council, or city/municipal council depending on the position of the respondent.
- Respondents are entitled to submit an answer, confront witnesses, and call favorable witnesses. Investigations must be completed within 90 days and decisions rendered within 30 days of the end of the investigation.
- Preventive suspensions of up to 60 days can be issued by the
An agent of the Philippine Drug Enforcement Agency (PDEA), Jonathan Morales, expressed dismay over PDEA's failure to go after big drug lords. In 2012, PDEA dismantled a drug lab and arrested Chinese suspects, but since new leadership took over, the agency has not caught any Chinese drug lords or dismantled other labs. Morales believes the new leadership is reluctant to target major drug groups, which demoralizes agents. The PDEA director denied the claims and cited accomplishments, but Morales wants a congressional investigation into the leadership.
The document summarizes key provisions of RA 9165, also known as the Comprehensive Dangerous Drugs Act of 2002 in the Philippines. It outlines unlawful acts related to dangerous drugs and their corresponding penalties, which include life imprisonment, death, and large fines. Acts such as importation, sale, possession, and cultivation of dangerous drugs are prohibited. The summary also discusses penalties for related offenses committed by government officials and employees.
Section 21 of RA 9165 provides procedures that law enforcement must follow when handling illegal drugs as evidence. This includes physically inventorying and photographing seized drugs in front of witnesses and maintaining proper chain of custody. Non-compliance is allowed under justifiable circumstances, as long as the integrity of the evidence is preserved. The most important thing is preserving the integrity and evidentiary value of seized items. Law enforcers are presumed to have performed their duties regularly, unless shown otherwise. Section 21 is relevant in prosecuting crimes under Sections 5 and 11, which involve drug possession and sale, as it helps prove the corpus delicti or existence of the illegal drugs.
This document is a resolution from the Commission on Elections deputizing various law enforcement agencies to ensure honest, orderly, and peaceful elections in the Philippines on May 13, 2013. It deputizes the Department of Interior and Local Government, the National Police Commission, the Philippine National Police, the National Bureau of Investigation, and the Bureau of Jail Management and Penology. It outlines 15 duties for the deputized agencies including providing security, deploying troops, and complying with election laws and directives from the Commission on Elections. The resolution takes effect upon publication and requires dissemination to relevant officials and agencies.
2015 amendments to the manual for courts martial eo13696RepentSinner
This executive order amends the Manual for Courts-Martial to update rules related to preliminary hearings and pretrial confinement procedures. Key changes include: (1) Requiring general courts-martial jurisdiction for certain sexual offenses; (2) Providing victims' rights to notice and participation in pretrial confinement reviews; and (3) Requiring disclosure of evidence to the defense following direction of a preliminary hearing. The order takes effect immediately but does not invalidate prior actions or make past acts punishable.
IFR (Interim Final Rule) issued by the Pipeline & Hazardous Materials Safety Administration (PHMSA) granting the Secretary of the Dept. of Transportation broad new powers to bypass laws and regulations and make fiat decisions if he/she believes the public is in danger with respect to a pipeline.
The document outlines the Government Servants (Efficiency and Discipline) Rules, 1973 which establish procedures for imposing penalties on civil servants for reasons of inefficiency, misconduct, corruption, or actions prejudicial to national security. It defines key terms and outlines the process for inquiries, including the roles of inquiry officers and committees, accused rights, and appeals. Penalties include minor penalties like denial of promotion or increments, and major penalties like removal or dismissal. The rules also repeal previous related rules from 1960 and 1961.
Efficiency & discipline rules by muhammad ejaz ghani from stiMuhammadUmair522
The document discusses disciplinary rules and procedures for government servants in Pakistan. It outlines the purpose of disciplinary rules as balancing the rights of employers and employees. It defines key terms and outlines the grounds for penalties against government servants, including inefficiency, misconduct, corruption, subversive activities, and disclosure of official secrets. It describes the process for departmental inquiries and preliminary inquiries. It provides details of the minor and major penalties that can be imposed. It also outlines the inquiry procedures, including appointing an inquiry officer or committee, framing charges, allowing the accused to respond to allegations, and examining evidence.
The document summarizes several bills passed by the Florida legislature in 2007 tightening laws around sex crimes. Senate Bill 2866 requires sharing details of accused sex offenders. Senate Bill 0988 calls for distinctive markings on driver's licenses for sex offenders. Senate Bill 1604 requires lifetime registration for sex offenders providing identification details. Senate Bill 0146 prohibits bail for registered sex offenders accused of new crimes. Senate Bill 1004 outlaws child pornography and traveling to meet minors for illegal acts. The Florida Sexual Predators Act also aims to prevent their early release from prison or work with children.
This document outlines India's policies regarding arms and ammunition for individuals. Key points include:
- Licenses for prohibited bore (automatic/semi-automatic) weapons are issued by the central government, while licenses for non-prohibited bore weapons are issued by state/district authorities.
- Strict police verification is required for all license applications, and licensing authorities must wait 60 days to receive the verification report before granting a license.
- Licenses for prohibited bore weapons will only be considered for those facing grave threats, such as residents of terrorist-active areas or government officials targeted by terrorists.
- Norms are established for granting non-prohibited bore weapon licenses, including requiring police assessment of any threats faced by
This document is a court judgment regarding a request made under the Right to Information Act for details of corrupt police officers in Kerala. The State Information Commission ordered the disclosure of information regarding officers convicted of corruption or human rights violations, or against whom a final police report was submitted to court. However, details of officers under ongoing investigation were not to be disclosed. The petitioners challenged this order, arguing the State Crime Records Bureau is exempt from RTI requests. The court heard arguments from both sides and the judgment discusses the issues around applying exemptions for ongoing investigations versus ordering disclosure of certain established misconduct details.
This document provides a list of offenses pursuant to the Companies Acts 1963-2009 in Ireland for which criminal sanctions apply. It notes that the list is illustrative and does not include all obligations under the Acts. Various statutory provisions from the Companies Acts are then summarized, outlining offenses related to prospectuses, financial statements, directors' conduct, and liquidators' obligations. Penalties for offenses include fines and imprisonment depending on whether the offense is a summary conviction or conviction on indictment. The document provides context on interpreting the offenses and applicable penalties.
The document discusses several important electoral reforms proposed by the Election Commission of India, including:
1. De-criminalizing politics by disqualifying candidates charged with crimes punishable by 5+ years in prison if charges were framed 6+ months before the election.
2. Making 'paid news' an electoral offense with a minimum 2 year prison sentence.
3. Enhancing punishments for electoral offenses like bribery which currently only face small fines.
4. Requiring political parties to publicly maintain and audit accounts of donations and expenditures to increase transparency.
Fraud in government-funded programs can occur anywhere – – Medicare fraud, defense contracting fraud, GSA Schedules and other types of government contracting fraud. When an individual sues on behalf of the United States to recover fraudulently obtained funds, this is known as qui tam whistleblower litigation.
The document discusses the history and provisions of the Goondas Act in Tamil Nadu, India. It describes how the Act was originally enacted in 1982 to address dangerous activities by bootleggers, drug offenders, goondas, and others. It has since been amended several times to include additional categories of offenses. The key aspects covered include: definitions of who qualifies as a "goonda"; the power of the state government to issue detention orders; constitution of advisory boards to review detentions; maximum detention periods; and provisions for temporary release of detainees.
The Supreme Court of India granted bail to the appellant Sudesh Kedia who was accused of offenses related to terrorism funding. Kedia was accused of paying extortion money ("levy") to the terrorist organization Tritiya Prastuti Committee (TPC) in order to operate his coal transportation business smoothly. The Court found that payment of extortion money alone does not amount to terrorism funding. It also found that meeting with TPC members to pay extortion money does not by itself indicate conspiracy with the terrorist organization. The Court concluded that a prima facie case of terrorism funding offenses was not made out against Kedia based on the evidence and granted him bail.
SC/ST (PoA) Act Monitoring at the state levelOpenSpace
The document outlines the various mechanisms that states must establish to monitor the implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, including setting up state and district level vigilance and monitoring committees, issuing mandatory notifications, submitting monthly and quarterly reports, and conducting reviews of investigations, prosecutions, and preventive actions. Key requirements include notifying atrocity prone areas, constituting special courts and prosecution panels, submitting investigation and prosecution reports, and reviewing the performance of investigating officers, prosecution, and committees.
This document outlines the grounds and procedures for disciplinary actions against local elective officials in the Philippines. It discusses the following key points:
- Grounds for disciplinary actions against elective officials include disloyalty, abuse of authority, commission of crimes, and unauthorized absences.
- Complaints must be filed with the Office of the President, provincial council, or city/municipal council depending on the position of the respondent.
- Respondents are entitled to submit an answer, confront witnesses, and call favorable witnesses. Investigations must be completed within 90 days and decisions rendered within 30 days of the end of the investigation.
- Preventive suspensions of up to 60 days can be issued by the
An agent of the Philippine Drug Enforcement Agency (PDEA), Jonathan Morales, expressed dismay over PDEA's failure to go after big drug lords. In 2012, PDEA dismantled a drug lab and arrested Chinese suspects, but since new leadership took over, the agency has not caught any Chinese drug lords or dismantled other labs. Morales believes the new leadership is reluctant to target major drug groups, which demoralizes agents. The PDEA director denied the claims and cited accomplishments, but Morales wants a congressional investigation into the leadership.
The document summarizes key provisions of RA 9165, also known as the Comprehensive Dangerous Drugs Act of 2002 in the Philippines. It outlines unlawful acts related to dangerous drugs and their corresponding penalties, which include life imprisonment, death, and large fines. Acts such as importation, sale, possession, and cultivation of dangerous drugs are prohibited. The summary also discusses penalties for related offenses committed by government officials and employees.
Section 21 of RA 9165 provides procedures that law enforcement must follow when handling illegal drugs as evidence. This includes physically inventorying and photographing seized drugs in front of witnesses and maintaining proper chain of custody. Non-compliance is allowed under justifiable circumstances, as long as the integrity of the evidence is preserved. The most important thing is preserving the integrity and evidentiary value of seized items. Law enforcers are presumed to have performed their duties regularly, unless shown otherwise. Section 21 is relevant in prosecuting crimes under Sections 5 and 11, which involve drug possession and sale, as it helps prove the corpus delicti or existence of the illegal drugs.
This document is a resolution from the Commission on Elections deputizing various law enforcement agencies to ensure honest, orderly, and peaceful elections in the Philippines on May 13, 2013. It deputizes the Department of Interior and Local Government, the National Police Commission, the Philippine National Police, the National Bureau of Investigation, and the Bureau of Jail Management and Penology. It outlines 15 duties for the deputized agencies including providing security, deploying troops, and complying with election laws and directives from the Commission on Elections. The resolution takes effect upon publication and requires dissemination to relevant officials and agencies.
2015 amendments to the manual for courts martial eo13696RepentSinner
This executive order amends the Manual for Courts-Martial to update rules related to preliminary hearings and pretrial confinement procedures. Key changes include: (1) Requiring general courts-martial jurisdiction for certain sexual offenses; (2) Providing victims' rights to notice and participation in pretrial confinement reviews; and (3) Requiring disclosure of evidence to the defense following direction of a preliminary hearing. The order takes effect immediately but does not invalidate prior actions or make past acts punishable.
IFR (Interim Final Rule) issued by the Pipeline & Hazardous Materials Safety Administration (PHMSA) granting the Secretary of the Dept. of Transportation broad new powers to bypass laws and regulations and make fiat decisions if he/she believes the public is in danger with respect to a pipeline.
The document outlines the Government Servants (Efficiency and Discipline) Rules, 1973 which establish procedures for imposing penalties on civil servants for reasons of inefficiency, misconduct, corruption, or actions prejudicial to national security. It defines key terms and outlines the process for inquiries, including the roles of inquiry officers and committees, accused rights, and appeals. Penalties include minor penalties like denial of promotion or increments, and major penalties like removal or dismissal. The rules also repeal previous related rules from 1960 and 1961.
1. H.B.ANo.A1363
AN ACT
relating to the prosecution of and punishment for the offense of
prostitution; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 169.001(a), Health and Safety Code, is
amended to read as follows:
(a)AAIn this chapter, "first offender prostitution
prevention program" means a program that has the following
essential characteristics:
(1)AAthe integration of services in the processing of
cases in the judicial system;
(2)AAthe 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)AAearly identification and prompt placement of
eligible participants in the program;
(4)AAaccess to information, counseling, and services
relating to commercial sexual exploitation, trafficking of
persons, sex addiction, sexually transmitted diseases, mental
health, and substance abuse;
(5)AAa coordinated strategy to govern program responses
to participant compliance;
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2. (6)AAmonitoring and evaluation of program goals and
effectiveness;
(7)AAcontinuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(8)AAdevelopment of partnerships with public agencies
and community organizations.
SECTIONA2.AASection 169.003(a), Health and Safety Code, is
amended to read as follows:
(a)AAA first offender prostitution prevention program
established under this chapter must:
(1)AAensure 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)AAallow any participant to withdraw from the program
at any time before a trial on the merits has been initiated;
(3)AAprovide 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)AAprovide each participant with classroom
instruction related to the prevention of prostitution.
SECTIONA3.AASection 169A.001(a), Health and Safety Code, is
amended to read as follows:
(a)AAIn this chapter, "prostitution prevention program"
means a program that has the following essential characteristics:
(1)AAthe integration of services in the processing of
cases in the judicial system;
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3. (2)AAthe 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)AAearly identification and prompt placement of
eligible participants in the program;
(4)AAaccess to information, counseling, and services
relating to commercial sexual exploitation, trafficking of
persons, sex addiction, sexually transmitted diseases, mental
health, and substance abuse;
(5)AAa coordinated strategy to govern program responses
to participant compliance;
(6)AAmonitoring and evaluation of program goals and
effectiveness;
(7)AAcontinuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(8)AAdevelopment of partnerships with public agencies
and community organizations.
SECTIONA4.AASection 169A.003(a), Health and Safety Code, is
amended to read as follows:
(a)AAA prostitution prevention program established under
this chapter must:
(1)AAensure 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)AAallow any participant to withdraw from the program
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4. at any time before a trial on the merits has been initiated;
(3)AAprovide 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)AAprovide each participant with instruction related
to the prevention of prostitution.
SECTIONA5.AAChapter 32, Code of Criminal Procedure, is
amended by adding Article 32.03 to read as follows:
Art.A32.03.AADISMISSAL 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 prostitution prevention program
established under Chapter 169 or 169A, 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 prostitution prevention program, the court may
dismiss the proceedings against the defendant and discharge the
defendant.
SECTIONA6.AASection 43.02, Penal Code, is amended by
amending Subsections (a), (b), (c), and (d) and adding Subsections
(b-1) and (c-1) to read as follows:
(a)AAA person commits an offense if, in return for receipt of
a fee, the person knowingly:
(1)AAoffers to engage, agrees to engage, or engages in
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5. sexual conduct [for a fee]; or
(2)AAsolicits another in a public place to engage with
the actor [person] in sexual conduct for hire.
(b)AAA person commits an offense if, based on the payment of a
fee by the actor or another person on behalf of the actor, the
person knowingly:
(1)AAoffers to engage, agrees to engage, or engages in
sexual conduct; or
(2)AAsolicits another in a public place to engage with
the actor in sexual conduct for hire.
(b-1)AAAn offense is established under Subsection (a)
regardless of [(a)(1)] whether the actor is offered or actually
receives the [is to receive or pay a] fee. An offense is
established under Subsection (b) regardless of [(a)(2)] whether the
actor or another person on behalf of the actor offers or actually
pays the fee [solicits a person to hire the actor or offers to hire
the person solicited].
(c)AAAn offense under Subsection (a) [this section] is a
Class B misdemeanor, except that the offense is:
(1)AAa Class A misdemeanor if the actor has previously
been convicted three, four, or five [one or two] times of an offense
under Subsection (a) [this section]; or
(2)AAa state jail felony if the actor has previously
been convicted six [three] or more times of an offense under
Subsection (a).
(c-1)AAAn offense under Subsection (b) is a Class B
misdemeanor, except that the offense is:
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6. (1)AAa Class A misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection (b);
(2)AAa state jail felony if the actor has previously
been convicted three or more times of an offense under Subsection
(b) [this section]; or
(3)AAa felony of the second degree if the person
solicited is 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.
(d)AAIt is a defense to prosecution for an offense under
Subsection (a) [under this section] that the actor engaged in the
conduct that constitutes the offense because the actor was the
victim of conduct that constitutes an offense under Section 20A.02
or 43.05.
SECTIONA7.AASection 51.03(b), Family Code, is amended to
read as follows:
(b)AAConduct indicating a need for supervision is:
(1)AAsubject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A)AAthe penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B)AAthe penal ordinances of any political
subdivision of this state;
(2)AAthe absence of a child on 10 or more days or parts
of days within a six-month period in the same school year or on
three or more days or parts of days within a four-week period from
school;
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7. (3)AAthe 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;
(4)AAconduct 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;
(5)AAan 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;
(6)AAconduct that violates a reasonable and lawful
order of a court entered under Section 264.305;
(7)AAnotwithstanding Subsection (a)(1), conduct
described by Section 43.02(a) or (b) [43.02(a)(1) or (2)], Penal
Code; or
(8)AAnotwithstanding Subsection (a)(1), conduct that
violates Section 43.261, Penal Code.
SECTIONA8.AASection 261.001(1), Family Code, is amended to
read as follows:
(1)AA"Abuse" includes the following acts or omissions
by a person:
(A)AAmental or emotional injury to a child that
results in an observable and material impairment in the child ’s
growth, development, or psychological functioning;
(B)AAcausing or permitting the child to be in a
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8. 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)AAphysical 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)AAfailure 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)AAsexual 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)AAfailure to make a reasonable effort to
prevent sexual conduct harmful to a child;
(G)AAcompelling 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 [conduct]
that constitutes an offense of trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code, prostitution under Section
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9. 43.02(b) [43.02(a)(2)], Penal Code, or compelling prostitution
under Section 43.05(a)(2), Penal Code;
(H)AAcausing, 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)AAthe 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)AAcausing, expressly permitting, or
encouraging a child to use a controlled substance as defined by
Chapter 481, Health and Safety Code;
(K)AAcausing, permitting, encouraging, engaging
in, or allowing a sexual performance by a child as defined by
Section 43.25, Penal Code; or
(L)AAknowingly 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.
SECTIONA9.AASection 169.002(a), Health and Safety Code, is
amended to read as follows:
(a)AAThe commissioners court of a county or governing body of
a municipality may establish a first offender prostitution
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10. prevention program for defendants charged with an offense under
Section 43.02(b) [43.02(a)(2)], Penal Code[, in which the defendant
offered or agreed to hire a person to engage in sexual conduct].
SECTIONA10.AASection 169A.002(a), Health and Safety Code, is
amended to read as follows:
(a)AAThe commissioners court of a county or governing body of
a municipality may establish a prostitution prevention program for
defendants charged with an offense under Section 43.02(a)
[43.02(a)(1)], Penal Code[, in which the defendant offered or
agreed to engage in or engaged in sexual conduct for a fee].
SECTIONA11.AAThe 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.
SECTIONA12.AAThis Act takes effect September 1, 2015.
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11. ______________________________ ______________________________
AAAAPresident of the Senate Speaker of the HouseAAAAAA
I certify that H.B. No. 1363 was passed by the House on May 6,
2015, by the following vote:AAYeas 114, Nays 31, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1363 on May 28, 2015, by the following vote:AAYeas 145, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the HouseAAA
I certify that H.B. No. 1363 was passed by the Senate, with
amendments, on May 25, 2015, by the following vote:AAYeas 27, Nays
4.
______________________________
Secretary of the SenateAAA
APPROVED: __________________
AAAAAAAAAAAAAAAAADateAAAAAAA
AAAAAAAAA __________________
AAAAAAAAAAAAAAAGovernorAAAAAAA
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