Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3875 by Crockett (Relating to narrowing the definition of the offense of compelling prostitution.), As Introduced
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 offense of compelling prostitution. Under the provisions of the bill, a person would commit an offense if the person knowingly caused another by force, threat, coercion, or fraud to commit prostitution, regardless of the age of the one committing prostitution. Under exiting statute, causing, by any means, a child younger than 18 years to commit prostitution is punishable as a first degree felony.
A first-degree felony is punishable by confinement in prison for life or a term from 5 to 99 years, and, in addition to confinement, an optional fine not to exceed $10,000.
Narrowing the circumstances under which a criminal penalty is applied is expected to result in fewer demands upon the correctional resources of counties or of the State due to a decrease in the number of individuals placed onto supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, an average of 13 people were arrested and fewer than ten were placed onto direct community supervision or admitted into a state correctional institution for compelling prostitution of a child younger than 18 years under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.