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 * * * * *