Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB692 by Menendez (Relating to the punishment for and certain civil consequences of committing the offense of prostitution.), As Introduced
The bill would amend the Penal Code by enhancing the offense of prostitution to a felony of the third degree if the person who is to receive a fee from the actor is younger than 17 years of age or if the person who is solicited to be hired by the actor is younger than 17 years of age. Currently, prostitution offenses are punishable by a Class B misdemeanor, except that the offense is a Class A misdemeanor for repeat offenders with one or two prior convictions, and a state jail felony for offenders with three or more prior convictions. The bill would also amend the Code of Criminal Procedure by including prostitution offenses punishable as a felony of the third degree as a reportable conviction or adjudication under the Sex Offender Registration Program. The change in law made by this Act would apply only to the punishment for an offense committed on or after the effective date of this Act. The Act would take effect September 1, 2005.
A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days, a fine not to exceed $2,000, or both fine and confinement.
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or in addition to confinement, a fine not to exceed $10,000.
A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or in addition to confinement, a fine not to exceed $10,000.
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. The impact of the bill would depend on the number of persons caught and convicted of the offense; however, in the case of this bill, the increased workload and demand for resources would probably not be substantial.