The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code as it relates to the prosecution of the offense of prostitution. The bill would split the offense of prostitution into two separate offenses depending on whether the party is a buyer or seller. The bill would expand the defense to prosecution to include certain compelling prostitution offenses. The bill would allow conduct constituting compelling prostitution to be prosecuted under multiple sections. 

Under current law prostitution is a state jail felony if the person has previously been convicted three or more times of the offense.  Under the provisions of the bill, the two separate offenses remain a state jail felony if the person has previously been convicted three or more times of the offense, regardless of whether the party is a buyer or seller. A state jail felony is punishable by confinement in a state jail for 180 days to two years, and in addition to confinement, an optional fine not to exceed $10,000.

In fiscal year 2014, 949 people were arrested, 170 were placed under felony community supervision, and 455 were admitted to state correctional institutions for prostitution.  In fiscal year 2014, 98 people were arrested, 11 were placed under felony community supervision, and 12 were admitted to state correctional institutions for compelling prostitution. Data are not available to determine which of the above arrests, placements under community supervision, and admissions to correctional institutions would be subject to the defense to prosecution for certain compelling prostitution offenses. However, this analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.