The bill would amend the Penal Code by defining “protected premises” relating to the offense of prostitution.  If the actor committing the offense is within 1,000 feet of a protected premises, the bill would specify minimum terms of confinement depending on the penalty for the offense of prostitution.  For state jail felony offenses of prostitution the minimum term of confinement would be one year.  For Class A misdemeanor offenses of prostitution the minimum term of confinement would be 180 days, and for a Class B misdemeanor the minimum term of confinement would be 90 days.  The offense of prostitution is punishable as a Class B misdemeanor, a Class A misdemeanor, or a state jail felony, depending on the number of times the actor has been previously prosecuted.   

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 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.

Under current statute, state jail felony punishment for prostituion is as a result of three or more previous convictions for prostitution.  The most recent overall reincarceration for a state jail confinee is 32.8 percent and is 58.2 percent for those whose offense was prostitution.  In fiscal year 2008, there were 558 admissions to state jail for the offense of prostitution with an average sentence length of approximately 7 months.  The bill is likely to result in increased time served in state jail facilities for persons convicted of prostitution in areas defined as protected premises; resulting in an increased state jail population.  The extent to which the state jail population would increase would depend on the number of persons committing the offense of prostitution in areas defined by the bill as protected premises.  A check of Texas Department of Criminal Justice records, Department of Public Safety records, Office of Court Administration records, and Jail Standards Commission records did not reveal any information that would help in an accurate assumption regarding the location of prostitution offenses, therefore the impact of the bill cannot be determined.