BILL ANALYSIS |
C.S.H.B. 1363 |
By: Johnson |
Criminal Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Under current law, interested
parties note, the penalty for a prostitution conviction can range from a
Class B misdemeanor to a state jail felony depending on the number of
previous convictions for the offense. The parties suggest that these
penalties have not been effective in reducing prostitution recidivism and may
be criminalizing individuals who have been coerced into engaging in
prostitution. In addition, the parties note the need to include information
regarding sexual exploitation and human trafficking in certain rehabilitation
programs.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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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. 1363 amends the Code of Criminal Procedure to authorize a court, at any time before trial commences for a prostitution offense and on the request of the defendant and with the consent of the attorney representing the state, to defer proceedings without entering an adjudication of guilt and to permit the defendant to participate in an applicable prostitution prevention program established under the Health and Safety Code if the defendant is otherwise eligible to participate in the applicable program. The bill authorizes the court to dismiss the proceedings against the defendant and discharge the defendant if the defendant successfully completes the program not later than the first anniversary of the date the proceedings were deferred.
C.S.H.B. 1363 amends the Penal Code to decrease the penalty for prostitution involving knowingly offering to engage, agreeing to engage, or engaging in sexual conduct for a fee from a Class B misdemeanor to a Class C misdemeanor and decreases the penalty enhancements for such an offense from a Class A misdemeanor to a Class B misdemeanor for one or two previous convictions of the offense and from a state jail felony to a Class A misdemeanor for three or more previous convictions of the offense. The bill makes the second degree felony enhancement for a prostitution offense applicable only to an offense involving the solicitation of another in a public place to engage in sexual conduct for hire.
C.S.H.B. 1363 amends the Health and Safety Code to include provision of information, counseling, and services relating to commercial sexual exploitation and trafficking of persons among the information required to be provided to participants of a first offender prostitution prevention program or a prostitution prevention program. The bill includes access to such information, counseling, and services among the requisite essential characteristics of such programs.
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EFFECTIVE DATE
September 1, 2015.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1363 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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