79R3930 RMB-D
By: Menendez H.B. No. 692
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for and certain civil consequences of
committing the offense of prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.02(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if [unless] the actor has
previously been convicted one or two times of an offense under this
section;
(2) a state jail felony if [, in which event it is a
Class A misdemeanor. If] the actor has previously been convicted
three or more times of an offense under this section; or
(3) a felony of the third degree if the person who is
to receive the fee from the actor or who is solicited to be hired by
the actor was at the time of the offense younger than 17 years of age
[, the offense is a state jail felony].
SECTION 2. Article 62.01(5), Code of Criminal Procedure, is
amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, regardless of the pendency of an
appeal, that is:
(A) a conviction for a violation of Section 21.11
(Indecency with a child), 22.011 (Sexual assault), 22.021
(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
Penal Code;
(B) a conviction for a violation of Section 43.05
(Compelling prostitution), 43.25 (Sexual performance by a child),
or 43.26 (Possession or promotion of child pornography), Penal
Code;
(B-1) a conviction for a violation of Section
43.02 (Prostitution), Penal Code, if the offense is punishable
under Subsection (c)(3) of that section;
(C) a conviction for a violation of Section
20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant
committed the offense with intent to violate or abuse the victim
sexually;
(D) a conviction for a violation of Section 30.02
(Burglary), Penal Code, if the offense is punishable under
Subsection (d) of that section and the defendant committed the
offense with intent to commit a felony listed in Paragraph (A) or
(C);
(E) a conviction for a violation of Section 20.02
(Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated
kidnapping), Penal Code, if the judgment in the case contains an
affirmative finding under Article 42.015;
(F) the second conviction for a violation of
Section 21.08 (Indecent exposure), Penal Code;
(G) a conviction for an attempt, conspiracy, or
solicitation, as defined by Chapter 15, Penal Code, to commit an
offense listed in Paragraph (A), (B), (C), (D), or (E);
(H) an adjudication of delinquent conduct:
(i) based on a violation of one of the
offenses listed in Paragraph (A), (B), (B-1), (C), (D), or (G) or,
if the order in the hearing contains an affirmative finding that the
victim or intended victim was younger than 17 years of age, one of
the offenses listed in Paragraph (E); or
(ii) for which two violations of the
offense listed in Paragraph (F) are shown;
(I) a deferred adjudication for an offense listed
in:
(i) Paragraph (A), (B), (B-1), (C), (D), or
(G); or
(ii) Paragraph (E) if the papers in the case
contain an affirmative finding that the victim or intended victim
was younger than 17 years of age;
(J) a conviction under the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for an offense containing elements that are
substantially similar to the elements of an offense listed under
Paragraph (A), (B), (B-1), (C), (D), (E), or (G);
(K) an adjudication of delinquent conduct under
the laws of another state, federal law, or the laws of a foreign
country based on a violation of an offense containing elements that
are substantially similar to the elements of an offense listed
under Paragraph (A), (B), (B-1), (C), (D), (E), or (G);
(L) the second conviction under the laws of
another state, federal law, the laws of a foreign country, or the
Uniform Code of Military Justice for an offense containing elements
that are substantially similar to the elements of the offense of
indecent exposure; or
(M) the second adjudication of delinquent
conduct under the laws of another state, federal law, or the laws of
a foreign country based on a violation of an offense containing
elements that are substantially similar to the elements of the
offense of indecent exposure.
SECTION 3. The change in law made by this Act applies only
to the punishment for an offense committed on or after the effective
date of this Act. The punishment for an offense committed before
the effective date of this Act is governed by the law in effect on
the date that the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense is committed before the effective date of this Act if any
element of the offense occurs before the effective date.
SECTION 4. This Act takes effect September 1, 2005.