H.B. No. 24
    1-1                                AN ACT
    1-2  relating to the commission of and prosecution and punishment for
    1-3  the offense of criminal solicitation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 15.03, Penal Code, is amended to read as
    1-6  follows:
    1-7        Sec. 15.03.  CRIMINAL SOLICITATION.  (a)  A person commits an
    1-8  offense if:
    1-9              (1)<,> with intent that a capital felony or felony of
   1-10  the first degree be committed, he requests, commands, or attempts
   1-11  to induce another to engage in specific conduct that, under the
   1-12  circumstances surrounding his conduct as the actor believes them to
   1-13  be, would constitute the felony or make the other a party to its
   1-14  commission; or
   1-15              (2)  with intent that a felony be committed, he
   1-16  requests, commands, or attempts to induce a child to engage in
   1-17  specific conduct that, under the circumstances surrounding the
   1-18  conduct of the child as the actor believes them to be, would
   1-19  constitute the felony or make the child a party to its commission.
   1-20        (b)  A person may not be convicted under this section <on the
   1-21  uncorroborated testimony of the person allegedly solicited and>
   1-22  unless the solicitation is made under circumstances strongly
   1-23  corroborative of both the solicitation itself and the actor's
   1-24  intent that the other person act on the solicitation.
    2-1        (c)  It is no defense to prosecution under this section that:
    2-2              (1)  the person solicited is not criminally responsible
    2-3  for the felony solicited;
    2-4              (2)  the person solicited has been acquitted, has not
    2-5  been prosecuted or convicted, has been convicted of a different
    2-6  offense or of a different type or class of offense, or is immune
    2-7  from prosecution;
    2-8              (3)  the actor belongs to a class of persons that by
    2-9  definition of the felony solicited is legally incapable of
   2-10  committing the offense in an individual capacity; or
   2-11              (4)  the felony solicited was actually committed.
   2-12        (d)  An offense under Subsection (a)(1) of this section is:
   2-13              (1)  a felony of the first degree if the offense
   2-14  solicited is a capital offense; or
   2-15              (2)  a felony of the second degree if the offense
   2-16  solicited is a felony of the first degree.
   2-17        (e)  An offense under Subsection (a)(2) of this section is a
   2-18  felony of the same degree as the most serious offense solicited
   2-19  unless the offense solicited is capital murder, in which event the
   2-20  offense under Subsection (a)(2) is a felony of the first degree.
   2-21        (f)  In this section, "child" is defined as any person under
   2-22  the age of 17.
   2-23        SECTION 2.  (a)  The change in the law made by this Act
   2-24  applies only to an offense committed on or after the effective date
   2-25  of this Act.  For purposes of this section, an offense is committed
   2-26  before the effective date of this Act if any element of the offense
   2-27  occurs before the effective date.
    3-1        (b)  An offense committed before the effective date of this
    3-2  Act is covered by the law in effect when the offense was committed,
    3-3  and the former law is continued in effect for this purpose.
    3-4        SECTION 3.  This Act takes effect September 1, 1993.
    3-5        SECTION 4.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.