Texas House Bill HB2332

Texas 2009 - 81st Regular

Caption

Relating to the penalties prescribed for committing prostitution within a certain distance of certain designated places.

Impact

The proposed amendments would create more severe legal consequences for those convicted of prostitution offenses occurring within 1,000 feet of any designated protected premises. If enacted, the law dictates that what might typically be a Class B misdemeanor would escalate to a Class A misdemeanor if committed near such locations. This pattern continues upwards through the system, with escalating penalties including state jail felonies and third-degree felonies depending on the circumstances surrounding the offense.

Summary

House Bill 2332 seeks to amend existing Texas Penal Code provisions relating to prostitution by increasing the penalties for individuals who commit this offense within specified distances from designated 'protected premises.' The bill introduces a new definition for 'protected premises,' which includes areas such as state agency properties, churches, schools, licensed child-care facilities, public parks, and premises that hold licenses under the Alcoholic Beverage Code. This designation aims to enhance the protection of sensitive locations from the impacts of prostitution-related activities.

Contention

While the bill could be seen as a move toward strengthening public safety by safeguarding vulnerable locations from illicit activity, it raises questions regarding its effectiveness and the potential for disproportionately harsh penalties for individuals involved in prostitution. Critics of such legislation often argue that increased penalties do not address the root causes of prostitution and instead may lead to more significant issues, such as over-policing and incarceration, without providing solutions for the individuals involved or the communities impacted.

Implementation

If passed, the law would take effect on September 1, 2009, and would apply only to offenses committed after this date. There is also a provision ensuring that offenses occurring before the law’s effective date would be judged under the previous legal framework. This stipulation reflects an understanding of fairness in treating individuals based on the laws applicable at the time of their offenses.