78R3828 KCR-D
By: Whitmire S.B. No. 881
A BILL TO BE ENTITLED
AN ACT
relating to the punishment of certain offenses involving
prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.03(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class A misdemeanor,
except that the offense is a felony of the first degree if it is
shown on the trial of the offense that:
(1) money or property received under Subsection (a)(1)
was the proceeds of prostitution engaged in by a person younger than
17 years of age; or
(2) the person solicited to engage in sexual conduct
was younger than 17 years of age.
SECTION 2. Section 43.04(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the third
degree, except that the offense is a felony of the first degree if
it is shown on the trial of the offense that the prostitution
enterprise uses a prostitute who is younger than 17 years of age.
SECTION 3. Section 43.05(b), Penal Code, is amended to read
as follows:
(b) An offense under Subsection (a)(1) [this section] is a
felony of the second degree. An offense under Subsection (a)(2) is
a felony of the first degree.
SECTION 4. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after September 1, 2003. An offense
committed before September 1, 2003, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For the purposes of this subsection, an
offense was committed before September 1, 2003, if any element of
the offense occurred before that date.