BILL ANALYSIS

C.S.H.B. 2960

By: Parker

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties note the high incidence of human trafficking and sexual offenses in Texas and contend that the penalties for certain of these offenses are not strong enough and that a defendant should be prosecuted for certain of these offenses committed against a minor or child victim regardless of whether the defendant knows the age of the victim at the time of the offense. C.S.H.B. 2960 seeks to establish stronger penalties and provide for that prosecution.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

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.

ANALYSIS

C.S.H.B. 2960 amends the Penal Code to establish that an actor who engages in the conduct constituting the following offenses commits the applicable offense regardless of whether the actor knows the age of the victim at the time of the offense: continuous sexual abuse of a young child or children, indecency with a child, sexual assault of a child, aggravated sexual assault of a child, online solicitation of a minor, online solicitation of a minor offense enhanced to a second degree felony because the minor is younger than 14 years of age, sexual performance by a child, and employment harmful to children.

C.S.H.B. 2960 expands the substances the administration or provision of which constitutes an aggravated sexual assault offense if the actor has the requisite intent to include any substance capable of impairing the victim's ability to appreciate the nature of the applicable unlawful sexual conduct or to resist the conduct.

C.S.H.B. 2960 removes the condition that an actor's solicitation of another to engage with the actor in sexual conduct occur in a public place or be for hire in order for such conduct to constitute a prostitution offense. The bill increases the penalty for an offense of prostitution based on the payment of a fee by the actor or another person on behalf of the actor from a Class B misdemeanor to a Class A misdemeanor, from a Class A misdemeanor to a state jail felony for an actor who has previously been convicted one or two times of the offense, from a state jail felony to a third degree felony for an actor who has previously been convicted three or more times of the offense, and from a second degree felony to a first degree felony if the person solicited is younger than 18 years of age or is represented to the actor as being, or is believed by the actor to be, younger than 18 years of age.

C.S.H.B. 2960 expands the conduct that constitutes promotion of prostitution to include procuring another to engage in sexual conduct with another person for compensation, providing a person or premises for prostitution purposes, operating or assisting in the operation of a prostitution enterprise, or engaging in other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution. The bill establishes that a conviction for promotion of prostitution may be used for purposes of enhancement under provisions relating to the offense or enhancement under provisions relating to exceptional sentences but not under both sets of provisions. The bill establishes that for purposes of enhancement of penalties under either set of provisions, a defendant is previously convicted of a promotion of prostitution offense if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication community supervision, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from deferred adjudication community supervision. The bill authorizes the prosecution of an actor, if the actor's conduct constitutes promotion of prostitution and also constitutes another Penal Code offense, for either or both of the offenses.

C.S.H.B. 2960 changes the conduct that constitutes aggravated promotion of prostitution from knowingly owning, investing in, financing, controlling, supervising, or managing a prostitution enterprise that uses two or more prostitutes to engaging in conduct that constitutes promotion of prostitution if the person engages in the conduct with respect to two or more prostitutes or the person while engaged in the conduct causes serious bodily injury to another or uses or exhibits a deadly weapon. The bill clarifies that the penalty for aggravated promotion of prostitution is enhanced from a third degree felony to a first degree felony for an actor who engages in the conduct with respect to two or more prostitutes and whose conduct involves the use of one or more persons younger than 18 years of age as a prostitute, regardless of whether the actor knows the age of the person at the time of the offense.

EFFECTIVE DATE

September 1, 2017.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2960 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.

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1. Section 20A.02(b), Penal Code, is amended.

SECTION 1. Same as introduced version.

SECTION 2. Section 21.02(b), Penal Code, is amended.

SECTION 2. Same as introduced version.

SECTION 3. Section 21.11(a), Penal Code, is amended.

SECTION 3. Same as introduced version.

SECTION 4. Section 22.011(a), Penal Code, is amended.

SECTION 4. Same as introduced version.

SECTION 5. Section 22.021(a), Penal Code, is amended to read as follows:

(a) A person commits an offense:

(1) if the person:

(A) intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;

(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or

(iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(B) regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly:

(i) causes the penetration of the anus or sexual organ of a child by any means;

(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;

(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and

(2) if:

(A) the person:

(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;

(ii) by acts or words places the victim in fear that any person will become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;

(iii) by acts or words occurring in the presence of the victim threatens to cause any person to become the victim of an offense under Section 20A.02(a)(3), (4), (7), or (8) or to cause the death, serious bodily injury, or kidnapping of any person;

(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;

(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or

(vi) administers or provides flunitrazepam, otherwise known as rohypnol, gamma hydroxybutyrate, or ketamine to the victim of the offense with the intent of facilitating the commission of the offense;

(B) the victim is younger than 14 years of age, regardless of whether the person knows the age of the victim at the time of the offense; or