BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 710

81R4562 HLT-D                                                                                                  By: Nelson, Deuell

Criminal Justice

3/17/2009

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under current law, it is a Class A misdemeanor to employ a child under the age of 18 in a sexually oriented business.  The current penalty is inadequate to address the harm such employment inflicts.  Employment in a sexually oriented business puts children in physical and emotional danger.  It is a second degree felony to possess and promote child pornography (Section 43.26, Penal Code).  Therefore, employing children in sexually oriented businesses should also be punished as a second degree felony.

As proposed, S.B. 710 increases the penalty for employing a child in a sexually oriented business from a Class A misdemeanor to a second degree felony.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 43.251(c), Penal Code, to provide that an offense under this section is a felony of the second degree, rather than a Class A misdemeanor.

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 2009.