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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of prostitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.02(c), Penal Code, is amended to read |
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as follows: |
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(c) An offense under this section is a Class B misdemeanor, |
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unless the actor has previously been convicted one or two times of |
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an offense under this section, in which event it is a Class A |
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misdemeanor. If the actor has previously been convicted three or |
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more times of an offense under this section, the offense is a state |
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jail felony. If it is shown on the trial of an offense otherwise |
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punishable as a Class B or Class A misdemeanor under this subsection |
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that the actor committed the offense within 1,000 feet of a church, |
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public or private primary or secondary school, day-care center or |
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child-care facility, as those terms are defined by Section 42.002, |
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Human Resources Code, or public park, the punishment for the |
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offense is increased to the punishment prescribed for the next |
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higher category of offense. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before the effective date. |
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SECTION 3. This Act takes effect September 1, 2007. |