The bill would amend the Penal Code as it relates to the punishment for the offense of prostitution. Under the provisions of the bill, the punishment for prostitution would be based on the number of previous convictions and whether the person received or paid a fee. Under current law, prostitution is punishable at the misdemeanor and felony level with severity of punishment based on the number of previous convictions and the specific nature of the offense.

 
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 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 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 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000.

Increasing the number of previous convictions required before a specific criminal penalty can be applied is expected to result in decreased demands upon the correctional resources of counties and or of the state due to shorter terms of probation, or longer terms of confinement in county jail, state jail or prison. However, in the case of this bill, 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.