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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for and certain other consequences of |
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committing the offense of prostitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 169.002(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county or governing body of |
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a municipality may establish a first offender prostitution |
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prevention program for defendants charged with an offense under |
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Section 43.02 [43.02(a)(2)], Penal Code[, in which the defendant
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offered or agreed to hire a person to engage in sexual conduct]. |
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SECTION 2. Chapter 169, Health and Safety Code, is amended |
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by adding Section 169.0035 to read as follows: |
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Sec. 169.0035. SEPARATE AND APPROPRIATE COUNSELING, |
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SERVICES, AND CLASSROOM INSTRUCTION. A commissioners court of a |
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county or governing body of a municipality that establishes a first |
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offender prostitution prevention program under this chapter must |
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provide separate and appropriate counseling, services, and |
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classroom instruction under Section 169.003 for defendants charged |
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under Section 43.02(a)(1), Penal Code, and defendants charged under |
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Section 43.02(a)(2), Penal Code. |
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SECTION 3. Section 43.02, Penal Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (e) to read |
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as follows: |
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(a) A person commits an offense if the person [he] |
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knowingly: |
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(1) offers to engage, agrees to engage, or engages in |
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sexual conduct for a fee; or |
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(2) solicits another in a public place to engage with |
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the person [him] in sexual conduct for hire. |
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(b) An offense is established under Subsection (a)(1) |
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whether the actor is to receive or pay a fee. An offense is |
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established under Subsection (a)(2) whether the actor solicits a |
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person to hire the actor [him] or offers to hire the person |
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solicited. |
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(e) A conviction may be used for purposes of enhancement |
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under this section or enhancement under Subchapter D, Chapter 12, |
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but not under both this section and Subchapter D, Chapter 12. For |
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purposes of enhancement of penalties under this section or |
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Subchapter D, Chapter 12, a defendant is previously convicted of an |
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offense under this section if the defendant was adjudged guilty of |
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the offense or entered a plea of guilty or nolo contendere in return |
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for a grant of deferred adjudication, regardless of whether the |
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sentence for the offense was ever imposed or whether the sentence |
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was probated and the defendant was subsequently discharged from |
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community supervision. |
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SECTION 4. 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 second 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 5. 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 6. 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) or (4) 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), (E), or (K); |
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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), (J), or (K), but not if the violation results in |
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a 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; |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code; or |
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(K) a violation of Section 20A.02(a)(3), (4), |
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(7), or (8) (Trafficking of persons), Penal Code. |
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SECTION 7. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 8. This Act takes effect September 1, 2013. |