BILL ANALYSIS

C.S.H.B. 2863

By: Carter

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

According to a recent report, human traffickers in an average-sized U.S. county can generate annual profits in excess of $10 million. Another report indicates that more than 200,000 American children and youths are at risk of sexual exploitation each year, including commercial sexual exploitation. In an effort to reduce commercial sexual exploitation of children and adults, programs are being implemented across the country for those arrested for certain prostitution and solicitation-related offenses to educate offenders about the negative consequences of prostitution. It has been reported that recidivism drops dramatically in locations where such programs exist, partly because some program participants view prostitution as a victimless crime and become amenable to change when learning otherwise. C.S.H.B. 2863 seeks to address these issues by expanding the group of defendants eligible to participate in a first offender prostitution prevention program and providing those charged with prostitution an opportunity to receive counseling, services, and classroom instruction separately from prostitution solicitors.

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.

ANALYSIS

C.S.H.B. 2863 amends the Health and Safety Code to expand the prostitution conduct for which a county commissioners court or governing body of a municipality may establish a first offender prostitution prevention program to include prostitution involving knowingly offering to engage, agreeing to engage, or engaging in sexual conduct for a fee. The bill requires a commissioners court of a county or governing body of a municipality that establishes such a program to provide separate and appropriate counseling, services, and classroom instruction for defendants charged with prostitution involving knowingly offering to engage, agreeing to engage, or engaging in sexual conduct for a fee and those charged with prostitution involving knowingly soliciting another in a public place to engage with the actor in sexual conduct for hire.

C.S.H.B. 2863 amends the Penal Code to authorize a conviction of a prostitution offense to be used for purposes of enhancement under statutory provisions relating to prostitution or statutory provisions relating to exceptional sentences for punishments, but not under both sets of provisions. The bill establishes that a defendant is previously convicted of a prostitution offense, for purposes of those penalty enhancements, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.

EFFECTIVE DATE

September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2863 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 169.002(a), Health and Safety Code, is amended.	SECTION 1. Same as introduced version.
SECTION 2. Chapter 169, Health and Safety Code, is amended.	SECTION 2. Substantially the same as introduced version.
SECTION 3.  Sections 43.02(a) and (b), Penal Code, are amended to read as follows: (a)  A person commits an offense if the person [he] knowingly: (1)  offers to engage, agrees to engage, or engages in sexual conduct for a fee; or (2)  solicits another in a public place to engage with the person [him] in sexual conduct for hire. (b)  An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee.  An offense is established under Subsection (a)(2) whether the actor solicits a person to hire the actor [him] or offers to hire the person solicited.	SECTION 3.  Section 43.02, Penal Code, is amended by amending Subsections (a) and (b) and adding Subsection (e) to read as follows: (a)  A person commits an offense if the person [he] knowingly: (1)  offers to engage, agrees to engage, or engages in sexual conduct for a fee; or (2)  solicits another in a public place to engage with the person [him] in sexual conduct for hire. (b)  An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee.  An offense is established under Subsection (a)(2) whether the actor solicits a person to hire the actor [him] or offers to hire the person solicited. (e)  A  conviction may be used for purposes of enhancement under this section or enhancement under Subchapter D, Chapter 12, but not under both this section and Subchapter D, Chapter 12.  For purposes of enhancement of penalties under this section or Subchapter D, Chapter 12, a defendant is previously convicted of an offense under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
SECTION 4.  The change in law made by this Act applies only to an offense committed on or after the effective date of this Act.  An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose.  For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.	SECTION 4. Same as introduced version.
SECTION 5.  This Act takes effect September 1, 2013.	SECTION 5. Same as introduced version.