1. (a) In this chapter, "first offender solicitation of prostitution prevention program" means a program that has the following essential characteristics:

   1. (1) the integration of services in the processing of cases in the judicial system;
   2. (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. (3) early identification and prompt placement of eligible participants in the program;
   4. (4) access to information, counseling, and services relating to sex addiction, sexually transmitted diseases, mental health, and substance abuse;
   5. (5) a coordinated strategy to govern program responses to participant compliance;
   6. (6) monitoring and evaluation of program goals and effectiveness;
   7. (7) continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
   8. (8) development of partnerships with public agencies and community organizations.

2. (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. (1) has not been previously convicted of a felony offense; and
   2. (2) is not convicted of any other felony offense before the second anniversary of the defendant's successful completion of the program.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, eff. June 17, 2011.

Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.65, eff. January 1, 2017.

Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 29, eff. September 1, 2015.

Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 46, eff. September 1, 2021.