Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB2014 by Thompson (Relating to certain criminal and civil consequences of trafficking of persons, compelling prostitution, and certain other related criminal offenses and to the prevention, prosecution, and punishment of those offenses.), Committee Report 2nd House, Substituted
The bill would amend various chapters in the Alcoholic Beverage Code, the Code of Criminal Procedure, the Government Code, and the Penal Code, regarding certain criminal and civil consequences of the trafficking of persons, compelling prostitution, and other related criminal offenses. The provisions of the bill that create new punishment or enhance existing punishment for criminal offenses are the subject of this analysis. The bill would also enhance sale or purchase of a child to a second degree felony if the child was sold or purchased with the intent to commit trafficking of persons, prostitution, compelling prostitution, or sexual performance by a child. 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 solicited was between 14 and 18 years of age, and a second degree felony if the person solicited was younger than 14 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 enhance employment harmful to children to a second degree felony and provide for additional enhancement to a first degree felony if the child was younger than 14 years of age at the time of the offense. At present employment harmful to children is a Class A Misdemeanor.
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, less than ten people were arrested, placed on felony community supervision or admitted to prison for trafficking of persons. Although the number who engaged in the offenses with the intent to sell or purchase a child 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. In fiscal year 2010, less than five people were arrested, placed on misdemeanor community supervision for employment harmful to children. Although the number who engaged in employment harmful to children where the child was younger than 14 at the time of the offense 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. 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 solicited was between 14 years of age and 18 years of age or where the person solicited was less than 14 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.