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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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Subdivision (2-a) 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) an agency of the state or a political |
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subdivision of the state; |
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(B) a church; |
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(C) a public or private school; |
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(D) a licensed child-care facility; |
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(E) a public park; or |
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(F) the premises of the holder of a license or |
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permit issued under Title 3, Alcoholic Beverage 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 A misdemeanor if the offense would |
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otherwise be punishable as a Class B misdemeanor under Subsection |
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(c); |
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(2) a state jail felony if the offense would otherwise |
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be punishable as a Class A misdemeanor under Subsection (c); and |
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(3) a felony of the third degree if the offense would |
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otherwise be punishable as a state jail felony under Subsection |
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(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 state jail felony. |
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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. |