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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalties prescribed for committing prostitution |
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within a certain distance of certain designated places. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.01, Penal Code, is amended by adding |
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Subdivisions (2-a) and (6) to read as follows: |
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(2-a) "Protected premises" means the real property and |
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all buildings and appurtenances pertaining to the real property of |
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a: |
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(A) church; |
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(B) public or private school; |
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(C) licensed child-care facility; |
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(D) hotel, motel, or similar establishment; |
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(E) public park; |
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(F) premises of the holder of a license or permit |
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issued under Title 3, Alcoholic Beverage Code; or |
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(G) sexually oriented business. |
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(6) "Sexually oriented business" has the meaning |
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assigned by Section 243.002, Local Government Code. |
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SECTION 2. Section 43.02, Penal Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) If it is shown on the trial of the offense that the actor |
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committed the offense within 1,000 feet of a protected premises, |
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the offense is: |
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(1) a Class B misdemeanor with a minimum term of |
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confinement of 90 days, if the offense would otherwise be |
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punishable as a Class B misdemeanor under Subsection (c); |
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(2) a Class A misdemeanor with a minimum term of |
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confinement of 180 days, if the offense would otherwise be |
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punishable as a Class A misdemeanor under Subsection (c); and |
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(3) a state jail felony with a minimum term of |
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confinement of one year, if the offense would otherwise be |
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punishable as a state jail felony under Subsection (c). |
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SECTION 3. Section 43.03(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a Class A misdemeanor, |
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unless it is shown on the trial of the offense that the actor |
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committed the offense within 1,000 feet of a protected premises, in |
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which event the offense is a Class A misdemeanor with a minimum term |
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of confinement of 180 days. |
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SECTION 4. 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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2009. |