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A BILL TO BE ENTITLED
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AN ACT
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relating to a defense to prosecution for, the punishment for, and |
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the civil and other consequences of committing the offense of |
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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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except that the offense is: |
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(1) a Class A misdemeanor if [unless] the actor has |
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previously been convicted one or two times of an offense under this |
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section; |
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(2) a state jail felony if [, in which event it is a
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Class A misdemeanor. If] the actor has previously been convicted |
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three or more times of an offense under this section; or |
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(3) a felony of the third degree if: |
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(A) the actor is the person who is to pay the fee |
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or who solicits another for hire; and |
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(B) the person who is to receive the fee or who is |
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solicited to be hired is younger than 17 years of age at the time of |
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the offense [, the offense is a state jail felony]. |
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SECTION 2. Section 43.02, Penal Code, is amended by |
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amending Subsection (d) and adding Subsection (e) to read as |
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follows: |
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(d) It is a defense to prosecution under this section that |
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the actor engaged in the conduct that constitutes the offense: |
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(1) because the actor was the victim of conduct that |
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constitutes an offense under Section 20A.02; or |
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(2) was a child younger than 14 years old and was |
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forced to commit the conduct by a person who is 18 years of age or |
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older. |
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(e) The exception provided by Subsection (d)(2) applies to |
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any other proceeding under state law. |
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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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except that the offense is: |
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(1) a state jail felony if the actor has previously |
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been convicted of an offense under this section; or |
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(2) a felony of the third degree if: |
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(A) the person who provides prostitution |
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services from which the actor receives money or other property is |
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younger than 17 years of age at the time of the offense; or |
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(B) the actor solicits another to engage in |
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sexual conduct with a person who is younger than 17 years of age. |
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SECTION 4. Section 43.04(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 felony of the third |
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degree, unless any prostitute that is part of the actor's |
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prostitution enterprise is younger than 17 years of age at the time |
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of the offense, in which event it is a felony of the second degree. |
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SECTION 5. Article 62.001(5), Code of Criminal Procedure, |
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is amended to read as follows: |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.02 (Continuous |
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sexual abuse of young child or children), 21.11 (Indecency with a |
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child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
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assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
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(B) a violation of Section 43.05 (Compelling |
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prostitution), 43.25 (Sexual performance by a child), or 43.26 |
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(Possession or promotion of child pornography), Penal Code; |
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(B-1) a violation of Section 43.02 |
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(Prostitution), Penal Code, if the offense is punishable under |
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Subsection (c)(3) of that section; |
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(B-2) a violation of Section 43.03 (Promotion of |
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prostitution), Penal Code, if the offense is punishable under |
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Subsection (b)(2) of that section; |
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(B-3) a violation of Section 43.04 (Aggravated |
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promotion of prostitution), Penal Code, if the offense is |
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punishable as a felony of the second degree; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
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Penal Code, if the offense or conduct is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
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(Indecent exposure), Penal Code, but not if the second violation |
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results in a deferred adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), or (E); |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (B-1), (B-2), (B-3), |
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(C), (D), (E), (G), or (J), but not if the violation results in a |
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deferred adjudication; |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure, but not if the second violation |
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results in a deferred adjudication; or |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code. |
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SECTION 6. (a) The change in law made by this Act in |
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amending Section 43.02, Penal Code, applies only to an offense |
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committed on or after the effective date of this Act. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2011. |