LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
May 24, 2015

TO:
Honorable Joe Straus, Speaker of the House, House of Representatives
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB10 by Thompson, Senfronia (Relating to certain criminal and civil consequences of trafficking of persons, compelling prostitution, and certain other related criminal offenses; to the prevention, prosecution, and punishment of those offenses, and to compensation paid to victims of those offenses.), As Passed 2nd House

The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Code of Criminal Procedure to add compelling a child younger than 18 to commit prostitution to the list of offenses for which there is no statute of limitations and add soliciting a person younger than 18 for prostitution to the list of convictions or adjudications for which sex offender registration is required.  The bill would amend the Penal Code to expand the definition of soliciting a person younger than 18 for prostitution and add language to clarify continuous trafficking of persons includes conduct against one or more victims. Compelling a child younger than 18 to commit prostitution and continuous trafficking of persons are first degree felonies.  Soliciting a person younger than 18 for prostitution is a second degree felony.  Failure to comply with sex offender registration requirements is punishable at all felony degrees with the punishment degree based on the specifics of the offense. A first degree felony is punishable by confinement in prison for life or five to 99 years, a second degree felony for two to 20 years, a third degree felony for two to ten years, and a state jail felony is punishable by confinement in a state jail for 180 days to two years. In addition to confinement certain felony level offenses are subject to an optional fine not to exceed $10,000. 

In fiscal year 2014, 66 people were arrested, 11 were placed under direct felony community supervision, and 11 were admitted to correctional institutions for compelling a child younger than 18 to commit prostitution.  In fiscal year 2014, 24 people were arrested, fewer than ten were placed under direct felony community supervision, and fewer than ten were admitted into correctional institutions for soliciting a person younger than 18 for prostitution.  Under the provisions of the bill those entering the criminal justice system for soliciting a person younger than 18 for prostitution would be required to register as a sex offender and would be subject to failure to comply with sex offender registration requirements for non-compliance.  In fiscal year 2014, 1,524 people were arrested, 273 were placed under direct felony community supervision, and 972 were admitted into correctional institutions for failure to comply with sex offender registration requirements outside of the provisions of the bill.  In fiscal year 2014, 11 people were arrested, fewer than ten were placed under direct felony supervision, and fewer than ten were admitted into correctional institutions for the continuous trafficking of persons. This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies.



Source Agencies:
LBB Staff:
UP, ESi, LM, JPo