Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB29 by Thompson, Senfronia (Relating to prostitution and the trafficking of persons, civil racketeering related to trafficking, the investigation and prosecution of and punishment for certain sexual offenses and offenses involving or related to trafficking, reimbursement of certain costs for criminal victims who are children, and the release and reporting of certain information relating to a child; increasing a criminal penalty; creating a criminal offense.), As Engrossed
The provisions of the bill addressing felony sanctions for criminal offenses are the subject of this analysis. The bill would amend the Penal Code as it relates to the offense and punishment of promotion of prostitution and aggravated promotion of prostitution. The bill would enhance the punishment for promotion of prostitution from a Class A misdemeanor to a state jail felony and enhance the punishment from a state jail to a third degree felony for individuals previously convicted of this offense. The bill would also enhance the punishment for the offense of aggravated promotion of prostitution from a third degree to a second degree felony.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years; a third degree felony for a term from 2 to 10 years; and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in a county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.
Enhancing the penalty for any criminal offense is expected to result in increased demands on the correctional resources of the counties or of the State due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. In fiscal year 2016, 123 individuals were arrested, 18 were placed under felony community supervision, and fewer than 10 were admitted into state correctional facilities who were subject to the bill's provisions. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.