By Moffat                                             H.B. No. 2329
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of criminal solicitation, providing that it
    1-3  is an offense to solicit a child to commit any felony and that the
    1-4  punishment for the offense is the same degree as the most serious
    1-5  felony solicited.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 15.03, Penal Code, is amended to read as
    1-8  follows:
    1-9        Sec. 15.03.  Criminal Solicitation.  (a)  A person commits an
   1-10  offense if <,>:
   1-11              (1)  with intent that a capital or felony of the first
   1-12  degree be committed, he requests, commands, or attempts to induce
   1-13  another to engage in specific conduct that, under the circumstances
   1-14  surrounding his conduct as the actor believes them to be, would
   1-15  constitute the felony or make the other a party to its commission
   1-16  <.>, or
   1-17              (2)  with intent that a felony be committed, he
   1-18  requests, commands or attempts to induce a child to engage in
   1-19  specific conduct that, under the circumstances surrounding the
   1-20  conduct of the child as the actor believes them to be, would
   1-21  constitute the felony or make the child a party to its commission.
   1-22        (b)  A person may not be convicted under this section <on the
   1-23  uncorroborated testimony of the person allegedly solicited and>
    2-1  unless the solicitation is made under circumstances strongly
    2-2  corroborative of both the solicitation itself and the actor's
    2-3  intent that the other person act on the solicitation.
    2-4        (c)  It is no defense to prosecution under this section that:
    2-5              (1)  the person solicited is not criminally responsible
    2-6  for the felony solicited;
    2-7              (2)  the person solicited has been acquitted, has not
    2-8  been prosecuted or convicted, has been convicted of a different
    2-9  offense or of a different type or class of offense, or is immune
   2-10  from prosecution;
   2-11              (3)  the actor belongs to a class of persons that by
   2-12  definition of the felony solicited is legally incapable of
   2-13  committing the offense in an individual capacity; or
   2-14              (4)  the felony solicited was actually committed.
   2-15        (d)  An offense under this section is:
   2-16              (1)  a felony of the first degree if the offense
   2-17  solicited is a capital offense; or
   2-18              (2)  a felony of the second degree if the offense
   2-19  solicited is a felony of the first degree <.> committed under
   2-20  subsection (a)(1) of this section; or
   2-21              (3)  a felony of the same degree as the most serious
   2-22  felony solicited if the offense was committed under subsection
   2-23  (a)(2) of this section, except that if the felony solicited was a
   2-24  capital felony the offense is a felony of the first degree.
   2-25        (e)  For purposes of this section "child" has the same
    3-1  meaning given this term in Family Code Section 51.02 subsection
    3-2  (1)(A).
    3-3        SECTION 2.  (a)  The change in the law made by this Act
    3-4  applies only to an offense committed on or after the effective date
    3-5  of this Act.  For purposes of this section, an offense is committed
    3-6  before the effective date of this Act if any element of the offense
    3-7  occurs before the effective date.
    3-8        (b)  An offense committed before the effective date of this
    3-9  Act is covered by the law in
   3-10        (b)  An offense committed before the effective date of this
   3-11  Act is covered by the law in effect when the offense was committed,
   3-12  and the former law is continued in effect for this purpose.
   3-13        SECTION 3.  This Act takes effect ______________, 19__.
   3-14        SECTION 4.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.