BILL ANALYSIS |
C.S.H.B. 2801 |
By: Johnson |
Criminal Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Last year, there were approximately 350 individuals incarcerated in the Texas Department of Criminal Justice for prostitution. Interested parties note that there are lifelong consequences for people with felony convictions, including limited access to employment, housing, medical and mental health care, and federal and state benefits. In addition, the parties assert that taxpayers pay between $15,000 to $18,000 per year to house these individuals in prison, while participation in a community-based rehabilitation program would be much more cost-effective. Further, incarceration does not adequately address the mental illness, drug and alcohol addictions, and trauma faced by many individuals who have resorted to prostitution. The parties suggest that increasing the number of previous prostitution convictions that lead to penalty enhancements for individuals who offer to engage, agree to engage, or engage in sexual conduct for a fee would provide these individuals the opportunity to get their lives back on track without having a felony conviction hanging over their heads. C.S.H.B. 2801 seeks to remedy this situation.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 2801 amends the Penal Code to decrease from a state jail felony to a Class A misdemeanor with a minimum term of confinement of 90 days the penalty for prostitution for a defendant who received or was to receive a fee and who has been convicted three or more times of a prostitution offense. The bill makes it a state jail felony for such a defendant who has previously been convicted eight or more times, rather than three or more times, of a prostitution offense. The bill clarifies that the current state jail felony, third degree felony, and second degree felony penalty enhancements for a prostitution offense resulting from previous prostitution convictions apply only to a defendant who paid or was to pay a fee.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
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