SENATE BILL 512

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Linda M. Lopez

AN ACT

RELATING TO PROSTITUTION; PROVIDING FOR CONDITIONAL DISCHARGE FOR A FIRST OFFENSE OF PROSTITUTION OR PATRONIZING PROSTITUTES; REQUIRING PARTICIPATION IN AND COMPLETION OF A PROSTITUTION EDUCATION AND INTERVENTION PROGRAM; REQUIRING THE DEPARTMENT OF HEALTH TO ESTABLISH THE PROGRAM WITH TWO COMPONENTS; CREATING A FUND; IMPOSING A FEE; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-9-2 NMSA 1978 (being Laws 1963, Chapter 303, Section 9-11, as amended) is amended to read:

     "30-9-2. PROSTITUTION.--

          A. Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire.

          B. As used in this section, "sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or not there is any emission.

          C. Whoever commits prostitution is:

                (1) for a first offense, guilty of a petty misdemeanor [unless such crime is] and shall be required to participate in and complete a component of the prostitution education and intervention program established by the department of health; or

                (2) for a second or subsequent [conviction, in which case such person is] offense, guilty of a misdemeanor and may be required to participate in and complete a component of the prostitution education and intervention program established by the department of health."

     SECTION 2. Section 30-9-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 9-12, as amended) is amended to read:

     "30-9-3. PATRONIZING PROSTITUTES.--

          A. Patronizing prostitutes consists of:

                [A.] (1) entering or remaining in a house of prostitution or any other place where prostitution is practiced, encouraged or allowed with intent to engage in a sexual act with a prostitute; or

                [B.] (2) knowingly hiring or offering to hire a prostitute, or one believed by the offeror to be a prostitute, to engage in a sexual act with the actor or another.

          B. As used in this section, "a sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or an anal opening of another, whether or not there is any emission.

          C. Whoever commits patronizing prostitutes is:

                (1) for a first offense, guilty of a petty misdemeanor [unless such crime is] and shall be required to participate in and complete a component of the prostitution education and intervention program established by the department of health; or

                (2) for a second or subsequent [conviction, in which case such person is] offense, guilty of a misdemeanor and may be required to participate in and complete a component of the prostitution education and intervention program established by the department of health."

     SECTION 3. [NEW MATERIAL] CONDITIONAL DISCHARGE FOR PROSTITUTION OR PATRONIZING PROSTITUTES AS A FIRST OFFENSE.--

          A. If a person who has not previously been convicted of violating the laws of any state relating to prostitution or patronizing a prostitute is found guilty, after trial or upon a plea of guilty, of a violation of Section 30-9-2 or 30-9-3 NMSA 1978, the court shall, without entering a judgment of guilty and with the consent of the person, defer further proceedings and place the person on probation upon reasonable conditions as the court may prescribe for a period not to exceed six months.

          B. The court shall require, as a condition of probation, that the person participate in and successfully complete a component of the prostitution education and intervention program established by the department of health.

          C. Upon violation of a condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

           D. If the person completes the period of probation without violating a condition of probation, the court shall discharge the person and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt, but a nonpublic record shall be retained by the attorney general solely for use by the courts in determining whether or not, in subsequent proceedings, the person qualifies under this section. A discharge and dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this section may occur only once with respect to a person.

     SECTION 4. [NEW MATERIAL] PROSTITUTION EDUCATION AND INTERVENTION FUND CREATED--PROGRAM--COMPONENTS--FEE.--

          A. The "prostitution education and intervention fund" is created as a nonreverting fund in the state treasury to be administered by the department of health. The fund consists of fees collected pursuant to Subsection E of this section, income from investment of the fund and any appropriations, gifts, grants and donations. Money in the fund is appropriated to the department of health to establish a program with two components as provided in this section. Payment from the fund shall be made on warrants drawn by the department of finance and administration pursuant to vouchers issued and signed by the secretary of health.

          B. The department of health, in collaboration with the human services department, the children, youth and families department and the interagency behavioral health purchasing collaborative, shall develop guidelines for, and the department of health shall institute, a prostitution education and intervention program with two separate and distinct components.

          C. The first component of the prostitution education and intervention program shall provide education, treatment and intervention services to those referred to the program by a court for prostitution and may include:

                (1) education, counseling and discussion on sexual assault;

                (2) assistance in getting to a safe house for those being controlled or endangered by another;

                (3) legal and health consequences of prostitution;

                (4) sexually transmitted disease education;

                (5) presentation of cases involving prostitutes who were victims of rape, assault or murder;

                (6) education on human trafficking and prostitution;

                (7) alcohol and drug treatment; and

                (8) assistance with social services that may be available.

          D. The second component of the prostitution education and intervention program shall provide educational seminars to those referred to the program by a court for patronizing prostitutes and may include:

                (1) prostitution-related education from law enforcement officials;

                (2) legal and health consequences of patronizing prostitutes;

                (3) community perspectives about the damage prostitution inflicts on the community;

                (4) education on sex trafficking;

                (5) information on sexually transmitted diseases; and

                (6) assistance or treatment for addictive or compulsive behaviors.

          E. The department of health shall charge a fee of not more than two hundred fifty dollars ($250) from those who participate in the program; provided that no fee shall be charged to a person referred to the program for a violation of Section 30-9-2 NMSA 1978. All fees shall be deposited in the prostitution education and intervention fund.

          F. The department of health shall promulgate rules that define criteria for the program and its components, successful completion and fees.

     SECTION 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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