Bill Text: TX HB36 | 2011-2012 | 82nd Legislature | Engrossed


Bill Title: Relating to the punishment for and certain civil consequences of committing the offense of prostitution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-05-13 - Referred to Criminal Justice [HB36 Detail]

Download: Texas-2011-HB36-Engrossed.html
  82R4081 AJZ-F
 
  By: Menendez H.B. No. 36
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for and certain civil consequences of
  committing the offense of prostitution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 43.02(c), Penal Code, is amended to read
  as follows:
         (c)  An offense under this section is a Class B misdemeanor,
  except that the offense is:
               (1)  a Class A misdemeanor if [unless] the actor has
  previously been convicted one or two times of an offense under this
  section;
               (2)  a state jail felony if [, in which event it is a
  Class A misdemeanor. If] the actor has previously been convicted
  three or more times of an offense under this section; or
               (3)  a felony of the third degree if:
                     (A)  the actor is the person who is to pay the fee
  or who solicits another for hire; and
                     (B)  the person who is to receive the fee or who is
  solicited to be hired is younger than 17 years of age at the time of
  the offense [, the offense is a state jail felony].
         SECTION 2.  Section 43.03(b), Penal Code, is amended to read
  as follows:
         (b)  An offense under this section is a Class A misdemeanor,
  except that the offense is:
               (1)  a state jail felony if the actor has previously
  been convicted of an offense under this section; or
               (2)  a felony of the third degree if:
                     (A)  the person who provides prostitution
  services from which the actor receives money or other property is
  younger than 17 years of age at the time of the offense; or
                     (B)  the actor solicits another to engage in
  sexual conduct with a person who is younger than 17 years of age.
         SECTION 3.  Section 43.04(b), Penal Code, is amended to read
  as follows:
         (b)  An offense under this section is a felony of the third
  degree, unless any prostitute that is part of the actor's
  prostitution enterprise is younger than 17 years of age at the time
  of the offense, in which event it is a felony of the second degree.
  SECTION 4.  Article 62.001(5), Code of Criminal Procedure,
  is amended to read as follows:
               (5)  "Reportable conviction or adjudication" means a
  conviction or adjudication, including an adjudication of
  delinquent conduct or a deferred adjudication, that, regardless of
  the pendency of an appeal, is a conviction for or an adjudication
  for or based on:
                     (A)  a violation of Section 21.02 (Continuous
  sexual abuse of young child or children), 21.11 (Indecency with a
  child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
  assault), or 25.02 (Prohibited sexual conduct), Penal Code;
                     (B)  a violation of Section 43.05 (Compelling
  prostitution), 43.25 (Sexual performance by a child), or 43.26
  (Possession or promotion of child pornography), Penal Code;
                     (B-1)  a violation of Section 43.02
  (Prostitution), Penal Code, if the offense is punishable under
  Subsection (c)(3) of that section;
                     (B-2)  a violation of Section 43.03 (Promotion of
  prostitution), Penal Code, if the offense is punishable under
  Subsection (b)(2) of that section;
                     (B-3)  a violation of Section 43.04 (Aggravated
  promotion of prostitution), Penal Code, if the offense is
  punishable as a felony of the second degree;
                     (C)  a violation of Section 20.04(a)(4)
  (Aggravated kidnapping), Penal Code, if the actor committed the
  offense or engaged in the conduct with intent to violate or abuse
  the victim sexually;
                     (D)  a violation of Section 30.02 (Burglary),
  Penal Code, if the offense or conduct is punishable under
  Subsection (d) of that section and the actor committed the offense
  or engaged in the conduct with intent to commit a felony listed in
  Paragraph (A) or (C);
                     (E)  a violation of Section 20.02 (Unlawful
  restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
  Penal Code, if, as applicable:
                           (i)  the judgment in the case contains an
  affirmative finding under Article 42.015; or
                           (ii)  the order in the hearing or the papers
  in the case contain an affirmative finding that the victim or
  intended victim was younger than 17 years of age;
                     (F)  the second violation of Section 21.08
  (Indecent exposure), Penal Code, but not if the second violation
  results in a deferred adjudication;
                     (G)  an attempt, conspiracy, or solicitation, as
  defined by Chapter 15, Penal Code, to commit an offense or engage in
  conduct listed in Paragraph (A), (B), (C), (D), or (E);
                     (H)  a violation of the laws of another state,
  federal law, the laws of a foreign country, or the Uniform Code of
  Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of an offense listed under Paragraph (A), (B), (B-1), (B-2), (B-3),
  (C), (D), (E), (G), or (J), but not if the violation results in a
  deferred adjudication;
                     (I)  the second violation of the laws of another
  state, federal law, the laws of a foreign country, or the Uniform
  Code of Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of the offense of indecent exposure, but not if the second violation
  results in a deferred adjudication; or
                     (J)  a violation of Section 33.021 (Online
  solicitation of a minor), Penal Code.
         SECTION 5.  The 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.
         SECTION 6.  This Act takes effect September 1, 2011.
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