77R9073 JMG-D
By Hartnett, et al. H.B. No. 460
Substitute the following for H.B. No. 460:
By Hinojosa C.S.H.B. No. 460
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for the offense of prostitution.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 43.02, Penal Code, is amended by amending
1-5 Subsection (c) and by adding Subsection (d) to read as follows:
1-6 (c) Except as provided by Subsection (d), an [An] offense
1-7 under this section is a Class B misdemeanor, unless the actor has
1-8 been convicted previously under this section, in which event it is
1-9 a Class A misdemeanor.
1-10 (d) An offense under this section is a state jail felony if
1-11 the judge or jury, whichever is the trier of fact, determines
1-12 beyond a reasonable doubt at the guilt or innocence phase of the
1-13 trial that:
1-14 (1) the offense was committed in or within 300 feet of
1-15 a residential area, as defined by Section 244.001, Local Government
1-16 Code; and
1-17 (2) the defendant has previously been convicted three
1-18 or more times under this section.
1-19 SECTION 2. This Act takes effect September 1, 2001, and
1-20 applies only to an offense committed on or after that date. An
1-21 offense committed before the effective date of this Act is covered
1-22 by the law in effect when the offense was committed, and the former
1-23 law is continued in effect for that purpose. For purposes of this
1-24 section, an offense was committed before the effective date of this
2-1 Act if any element of the offense occurred before that date.