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.