By:  Shapiro                                            S.B. No. 33
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the prosecution and punishment of certain offenses
 1-2     involving the sexual exploitation of a child.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 15.031, Penal Code, is amended to read as
 1-5     follows:
 1-6           Sec. 15.031.  CRIMINAL SOLICITATION OF A MINOR.  (a)  A
 1-7     person commits an offense if, with intent that an offense listed by
 1-8     Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
 1-9     committed, the person requests, commands, or attempts to induce a
1-10     minor to engage in specific conduct that, under the circumstances
1-11     surrounding the actor's conduct as the actor believes them to be,
1-12     would constitute an offense listed by Section 3g(a)(1), Article
1-13     42.12, or make the minor a party to the commission of an offense
1-14     listed by Section 3g(a)(1), Article 42.12.
1-15           (b)  A person commits an offense if, with intent that an
1-16     offense under Section 21.11, 22.011, 22.021, or 43.25 be committed,
1-17     the person by any means requests, commands, or attempts to induce a
1-18     minor or another whom the person believes to be a minor to engage
1-19     in specific conduct that, under the circumstances surrounding the
1-20     actor's conduct as the actor believes them to be, would constitute
1-21     an offense under one of those sections or would make the minor or
1-22     other believed by the person to be a minor a party to the
1-23     commission of an offense under one of those sections.
1-24           (c)  A person may not be convicted under this section on the
 2-1     uncorroborated testimony of the minor allegedly solicited unless
 2-2     the solicitation is made under circumstances strongly corroborative
 2-3     of both the solicitation itself and the actor's intent that the
 2-4     minor act on the solicitation.
 2-5           (d) [(c)]  It is no defense to prosecution under this section
 2-6     that:
 2-7                 (1)  the minor solicited is not criminally responsible
 2-8     for the offense solicited;
 2-9                 (2)  the minor solicited has been acquitted, has not
2-10     been prosecuted or convicted, has been convicted of a different
2-11     offense or of a different type or class of offense, or is immune
2-12     from prosecution;
2-13                 (3)  the actor belongs to a class of persons that by
2-14     definition of the offense solicited is legally incapable of
2-15     committing the offense in an individual capacity; or
2-16                 (4)  the offense solicited was actually committed.
2-17           (e) [(d)]  An offense under this section is one category
2-18     lower than the solicited offense.
2-19           (f) [(e)]  In this section, "minor" means an individual
2-20     younger than 17 years of age.
2-21           SECTION 2.  Subdivision (2), Subsection (a), Section 43.25,
2-22     Penal Code, is amended to read as follows:
2-23                 (2)  "Sexual conduct" means actual or simulated sexual
2-24     intercourse, deviate sexual intercourse, sexual bestiality,
2-25     masturbation, sado-masochistic abuse, or lewd exhibition of the
2-26     genitals, the anus, or any portion of the female breast below the
 3-1     top of the areola.
 3-2           SECTION 3.  Subsection (g), Section 43.26, Penal Code, is
 3-3     amended to read as follows:
 3-4           (g)  An offense under Subsection (e) is a felony of the
 3-5     second [third] degree.
 3-6           SECTION 4.  (a)  The change in law made by this Act applies
 3-7     only to an offense committed on or after the effective date of this
 3-8     Act.  For purposes of this section, an offense is committed before
 3-9     the effective date of this Act if any element of the offense occurs
3-10     before that date.
3-11           (b)  An offense committed before the effective date of this
3-12     Act is covered by the law in effect when the offense was committed,
3-13     and the former law is continued in effect for that purpose.
3-14           SECTION 5.  This Act takes effect September 1, 1999.
3-15           SECTION 6.  The importance of this legislation and the
3-16     crowded condition of the calendars in both houses create an
3-17     emergency and an imperative public necessity that the
3-18     constitutional rule requiring bills to be read on three several
3-19     days in each house be suspended, and this rule is hereby suspended.