HBA-RBT C.S.H.B. 2306 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2306
By: Maxey
Criminal Jurisprudence
4/14/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

C.S.H.B. 2306 is an attempt to reduce prostitution, especially with respect
to repeat offenders, by providing courts with a variety of treatment
options when placing prostitutes on community supervision.  

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 11, Article 42.12, Code of Criminal Procedure,
by adding Subsection (g), to authorize a court that grants community
supervision to a person convicted of prostitution to require the prostitute
to participate in a substance abuse program, a job training program, an
education program, a mental health service program, or any other similar
program. 

SECTION 2.  Amends Article 103.004(b), Code of Criminal Procedure, to
include fines collected under Section 43.02 (Prostitution), Penal Code, in
the special fund of the county treasury for the community supervision and
corrections department serving the county. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by omitting SECTION 1 (proposed
amendment to Section 43.02(c), Penal Code) of the original which related to
increased fines for the offense of prostitution. The substitute differs
from the original in SECTION 1 (proposed amendment to Section 42.12(g),
Penal Code) to authorize, rather than require, a court that grants
community supervision to a person convicted of prostitution to require the
prostitute to participate in specified programs.  SECTIONS 2 through 6 of
the original bill are redesignated as SECTIONS 1 through 5 of the
substitute.