1-1 By: Hartnett, et al. (Senate Sponsor - West) H.B. No. 460
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on Criminal
1-4 Justice; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 4, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the penalty for the offense of prostitution.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 43.02, Penal Code, is amended by amending
1-11 Subsection (c) and by adding Subsection (d) to read as follows:
1-12 (c) Except as provided by Subsection (d), an [An] offense
1-13 under this section is a Class B misdemeanor, unless the actor has
1-14 been convicted previously under this section, in which event it is
1-15 a Class A misdemeanor.
1-16 (d) An offense under this section is a state jail felony if
1-17 the judge or jury, whichever is the trier of fact, determines
1-18 beyond a reasonable doubt at the guilt or innocence phase of the
1-19 trial that:
1-20 (1) the offense was committed in or within 300 feet of
1-21 a residential area, as defined by Section 244.001, Local Government
1-22 Code; and
1-23 (2) the defendant has previously been convicted three
1-24 or more times under this section.
1-25 SECTION 2. This Act takes effect September 1, 2001, and
1-26 applies only to an offense committed on or after that date. An
1-27 offense committed before the effective date of this Act is covered
1-28 by the law in effect when the offense was committed, and the former
1-29 law is continued in effect for that purpose. For purposes of this
1-30 section, an offense was committed before the effective date of this
1-31 Act if any element of the offense occurred before that date.
1-32 * * * * *