BILL ANALYSIS

Senate Research Center	S.B. 1653
	By: Huffman
	Criminal Justice
	5/23/2023
	Enrolled

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

BACKGROUND:

• Under the promotion of prostitution statute, it is a first-degree felony if it involves a person younger than 18 years of age engaging in prostitution.

• Accordingly, a prosecutor must prove that the minor was already engaging in prostitution for a defendant to actually be charged with a first-degree felony.

• Therefore, the current law does not protect all minors from those who solicit them for prostitution.

BILL SUMMARY:

� S.B. 1653 amends the current promotion of prostitution statute by removing "engaging in prostitution" to ensure that the statute protects all minors.

S.B. 1653 amends current law relating to the punishment for the offense of promotion of prostitution.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 43.03(b), Penal Code, to provide that an offense under Section 43.03 (Promotion of Prostitution) is a felony of the first degree if the actor engages in conduct described by certain subsections involving a person younger than 18 years of age, rather than a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time of the offense.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2023.