The bill would amend the Penal Code as it relates to the punishment for committing the offenses of promotion of prostitution and aggravated promotion of prostitution.  Under the provisions of the bill, promotion of prostitution would be enhanced from a Class A misdemeanor to a state jail felony if the actor has a previous conviction for this offense.  Promotion of prostitution would  be enhanced to a third degree felony if the person who provides prostitution services from which the actor receives money or other property is younger than 17 years old at the time of the offense or the actor solicits another to engage in sexual conduct with a person who is younger than 17 years old.  Aggravated promotion of prostitution would be enhanced from a third degree felony to a second degree felony if any prostitute that is part of the actor's prostitution enterprise is younger than 17 years old at the time of the offense.  The bill would take effect on September 1, 2013, and only applies to offenses committed on or after that date.

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 two years and, in addition to confinement, an optional fine not to exceed $10,000.  A third-degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.  A second degree felony is punishable by confinement in prison for a term from two to twenty years and, in addition to confinement, an optional fine not to exceed $10,000.

The bill's provisions increase the penalty for promotion of prostitution and aggravated promotion of prostitution.  This penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities. When an offense changes from a misdemeanor to a felony, the burden of confining convicted offenders transfers from the counties to the state.

However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.   In fiscal year 2012, approximately 77 individuals were arrested and five were placed on misdemeanor community supervision for the offense of promotion of prostitution.  In fiscal year 2012, approximately 19 individuals were arrested, 22 were placed on felony community supervision, and less than five were admitted to prison for the offense of aggravated promotion of prostitution.   Although the number of offenders who engaged in promotion of prostitution or aggravated promotion of prostitution where the offense involved a person younger than 17 years of age is unknown, it is assumed that 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.