HBA-KMH H.B. 292 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 292 By: Wise Criminal Jurisprudence 1/15/1999 Introduced BACKGROUND AND PURPOSE Terms used in the litigation of many types of suits, including sexual offense cases, often may need statutory redefining after courts have had an opportunity to review them. H.B. 292 redefines "sexual conduct" and substitutes "benefit" or "benefits" for various other words deemed more limiting. H.B. 292 also provides that a 17-year-old person is included in the protection provided by the offense of compelling prostitution, and makes it an offense for a parent, legal guardian, or custodian to knowingly permit a minor to commit prostitution. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 43.01(4), Penal Code, by redefining "sexual conduct" to mean sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse. SECTION 2. Amends Section 43.02(a) and (b), Penal Code, to provide that a benefit, rather than a fee, is the measure of compensation necessary to be received for offering to engage, agreeing to engage, or engaging in sexual conduct to be an offense under this section. An offense under this Section is a Class B Misdemeanor. Makes a conforming change. SECTION 3. Amends Section 43.03, Penal Code, to provide that another benefit, rather than other property, in addition to money, is the level of compensation necessary to be received pursuant to an agreement to participate in the proceeds of prostitution, by a person acting other than as a prostitute, to be an offense under this section. Makes an offense under this section a felony of the third degree if the prostitute is a person younger than 18 years, rather than a Class A Misdemeanor. Makes conforming and nonsubstantive changes. SECTION 4. Amends Section 43.05(a) to provide that a person commits an offense if the person causes by any means a person younger than 18, rather than 17, years to commit prostitution. SECTION 5. Amends Subchapter A, Chapter 43, Penal Code, by adding Section 43.051, as follows: Sec. 43.051. PARENTAL RESPONSIBILITY. Makes it a felony of the third degree for a parent or legal guardian or custodian of a minor younger than 18 years to knowingly permit the minor to commit prostitution. SECTION 6. Makes application of this Act prospective. SECTION 7. Effective date: September 1, 1999. SECTION 8. Emergency clause.