HBA-MSH, SEP H.B. 460 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 460
By: Hartnett
Criminal Jurisprudence
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law provided that the first conviction
of a person who knowingly engaged in or offered or agreed to engage in
sexual conduct for a fee, or solicited another in a public place to engage
in sexual conduct for hire was a Class B misdemeanor.  The penalty for
subsequent convictions was a Class A misdemeanor.  These penalties were
determined insufficient to deter this activity.  House Bill 460 provides
that it is a state jail felony if a person knowingly engages in
prostitution and has been previously convicted of one of the above offenses
three or more times.   

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. 

ANALYSIS

House Bill 460 amends the Penal Code to provide that it is a state jail
felony if a person knowingly engages in or offers or agrees to engage in
sexual conduct for a fee, or solicits another in a public place to engage
in sexual conduct for hire and has been previously convicted of one of the
above offenses three or more times. 

EFFECTIVE DATE

September 1, 2001.