1-1     By:  Shapiro                                            S.B. No. 33
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 8, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; March 8, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 33                   By:  Shapiro
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the prosecution and punishment of certain offenses
1-11     involving the sexual exploitation of a child.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 15.031, Penal Code, is amended to read as
1-14     follows:
1-15           Sec. 15.031.  CRIMINAL SOLICITATION OF A MINOR.  (a)  A
1-16     person commits an offense if, with intent that an offense listed by
1-17     Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
1-18     committed, the person requests, commands, or attempts to induce a
1-19     minor to engage in specific conduct that, under the circumstances
1-20     surrounding the actor's conduct as the actor believes them to be,
1-21     would constitute an offense listed by Section 3g(a)(1), Article
1-22     42.12, or make the minor a party to the commission of an offense
1-23     listed by Section 3g(a)(1), Article 42.12.
1-24           (b)  A person commits an offense if, with intent that an
1-25     offense under Section 21.11, 22.011, 22.021, or 43.25 be committed,
1-26     the person by any means requests, commands, or attempts to induce a
1-27     minor or another whom the person believes to be a minor to engage
1-28     in specific conduct that, under the circumstances surrounding the
1-29     actor's conduct as the actor believes them to be, would constitute
1-30     an offense under one of those sections or would make the minor or
1-31     other believed by the person to be a minor a party to the
1-32     commission of an offense under one of those sections.
1-33           (c)  A person may not be convicted under this section on the
1-34     uncorroborated testimony of the minor allegedly solicited unless
1-35     the solicitation is made under circumstances strongly corroborative
1-36     of both the solicitation itself and the actor's intent that the
1-37     minor act on the solicitation.
1-38           (d) [(c)]  It is no defense to prosecution under this section
1-39     that:
1-40                 (1)  the minor solicited is not criminally responsible
1-41     for the offense solicited;
1-42                 (2)  the minor solicited has been acquitted, has not
1-43     been prosecuted or convicted, has been convicted of a different
1-44     offense or of a different type or class of offense, or is immune
1-45     from prosecution;
1-46                 (3)  the actor belongs to a class of persons that by
1-47     definition of the offense solicited is legally incapable of
1-48     committing the offense in an individual capacity; or
1-49                 (4)  the offense solicited was actually committed.
1-50           (e) [(d)]  An offense under this section is one category
1-51     lower than the solicited offense.
1-52           (f) [(e)]  In this section, "minor" means an individual
1-53     younger than 17 years of age.
1-54           SECTION 2.  Subdivision (2), Subsection (a), Section 43.25,
1-55     Penal Code, is amended to read as follows:
1-56                 (2)  "Sexual conduct" means actual or simulated sexual
1-57     intercourse, deviate sexual intercourse, sexual bestiality,
1-58     masturbation, sado-masochistic abuse, or lewd exhibition of the
1-59     genitals, the anus, or any portion of the female breast below the
1-60     top of the areola.
1-61           SECTION 3.  Subsection (g), Section 43.26, Penal Code, is
1-62     amended to read as follows:
1-63           (g)  An offense under Subsection (e) is a felony of the
1-64     second [third] degree.
 2-1           SECTION 4.  (a)  The change in law made by this Act applies
 2-2     only to an offense committed on or after the effective date of this
 2-3     Act.  For purposes of this section, an offense is committed before
 2-4     the effective date of this Act if any element of the offense occurs
 2-5     before that date.
 2-6           (b)  An offense committed before the effective date of this
 2-7     Act is covered by the law in effect when the offense was committed,
 2-8     and the former law is continued in effect for that purpose.
 2-9           SECTION 5.  This Act takes effect September 1, 1999.
2-10           SECTION 6.  The importance of this legislation and the
2-11     crowded condition of the calendars in both houses create an
2-12     emergency and an imperative public necessity that the
2-13     constitutional rule requiring bills to be read on three several
2-14     days in each house be suspended, and this rule is hereby suspended.
2-15                                  * * * * *