Quote:
Originally Posted by Big Ed
From reading the law more closely it seems like they include the felony section in two different areas so the law sort of conflicts itself. I doubt this is a get out of jail free card though. It seems like another part of the law states how with your first felony offense you can go to some sort of counseling and pay some big fee and have the offense forgiven. So it's not exactly one strike you're out I guess in the law poorly written enough I'm not sure if it will survive scrutiny? Since I have no legal experience I don't think I interpretation matters a lot though.
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Thank you for pointing that out. I did not catch the section of bill that went over the deferred adjudication / counseling program. I pasted it here so everyone case see it.
This is the URL to the bill (again):
https://legiscan.com/TX/text/HB1540/2021
CHAPTER 169. FIRST OFFENDER SOLICITATION OF PROSTITUTION
PREVENTION PROGRAM
SECTION 46. 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.
