LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
 
April 1, 2011

TO:
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB36 by Menendez (Relating to the punishment for and certain civil consequences of committing the offense of prostitution.), As Introduced

The bill would amend the Code of Criminal Procedure and the Penal Code as they relate to the punishment for and certain civil consequences of prostitution. The provisions of the bill that create new punishment or enhance existing punishment for criminal offenses are the subject of this analysis.  Under the provisions of the bill, prostitution would be enhanced to a Class A misdemeanor for one or two previous convictions, a state jail felony for three or more previous convictions, a third degree felony if the person who is to receive the fee or who is solicited was younger than 17 years of age. At present, prostitution is punishable at the misdemeanor and felony level with the punishment dependent on the number of previous convictions. Under current statute, the punishment for prostitution does not take into account the age of the person solicited.  The bill would also add a prostitution offense punishable as third degree felony where the person who is to receive the fee or who is solicited was younger than 17 years of age to the list of offense for which sex offender registration is required.
 
A Class B Misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.

Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. In fiscal year 2010, 1,423 people were arrested for Prostitution (1,385 Class B Misdemeanor, 32 Class A Misdemeanor, and 6 state jail felony).  Of those arrested for prostitution in fiscal year 2010, 195 were placed on misdemeanor community supervision.  Although the number who engaged in prostitution where the person who is to receive the fee or who is solicited was younger than 17 years of age is unknown, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.


Source Agencies:
LBB Staff:
JOB, LM, GG