| 1 | 1 | | 81R5565 GCB-D |
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| 2 | 2 | | By: Nelson S.B. No. 528 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the penalties prescribed for committing prostitution |
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| 8 | 8 | | within a certain distance of certain designated places. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 43.01, Penal Code, is amended by adding |
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| 11 | 11 | | Subdivisions (2-a) and (6) to read as follows: |
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| 12 | 12 | | (2-a) "Protected premises" means the real property and |
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| 13 | 13 | | all buildings and appurtenances pertaining to the real property of: |
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| 14 | 14 | | (A) an agency of the state or a political |
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| 15 | 15 | | subdivision of the state; |
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| 16 | 16 | | (B) a church; |
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| 17 | 17 | | (C) a public or private school; |
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| 18 | 18 | | (D) a licensed child-care facility; |
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| 19 | 19 | | (E) a hotel, motel, or similar establishment; |
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| 20 | 20 | | (F) a public park; |
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| 21 | 21 | | (G) the premises of the holder of a license or |
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| 22 | 22 | | permit issued under Title 3, Alcoholic Beverage Code; or |
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| 23 | 23 | | (H) a sexually oriented business. |
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| 24 | 24 | | (6) "Sexually oriented business" has the meaning |
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| 25 | 25 | | assigned by Section 243.002, Local Government Code. |
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| 26 | 26 | | SECTION 2. Section 43.02, Penal Code, is amended by adding |
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| 27 | 27 | | Subsection (d) to read as follows: |
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| 28 | 28 | | (d) If it is shown on the trial of the offense that the actor |
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| 29 | 29 | | committed the offense within 1,000 feet of a protected premises, |
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| 30 | 30 | | the offense is: |
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| 31 | 31 | | (1) a Class B misdemeanor with a minimum term of |
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| 32 | 32 | | confinement of 90 days, if the offense would otherwise be |
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| 33 | 33 | | punishable as a Class B misdemeanor under Subsection (c); |
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| 34 | 34 | | (2) a Class A misdemeanor with a minimum term of |
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| 35 | 35 | | confinement of 180 days, if the offense would otherwise be |
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| 36 | 36 | | punishable as a Class A misdemeanor under Subsection (c); and |
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| 37 | 37 | | (3) a state jail felony with a minimum term of |
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| 38 | 38 | | confinement of one year, if the offense would otherwise be |
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| 39 | 39 | | punishable as a state jail felony under Subsection (c). |
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| 40 | 40 | | SECTION 3. Section 43.03(b), Penal Code, is amended to read |
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| 41 | 41 | | as follows: |
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| 42 | 42 | | (b) An offense under this section is a Class A misdemeanor, |
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| 43 | 43 | | unless it is shown on the trial of the offense that the actor |
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| 44 | 44 | | committed the offense within 1,000 feet of a protected premises, in |
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| 45 | 45 | | which event the offense is a Class A misdemeanor with a minimum term |
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| 46 | 46 | | of confinement of 180 days. |
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| 47 | 47 | | SECTION 4. The change in law made by this Act applies only |
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| 48 | 48 | | to an offense committed on or after the effective date of this Act. |
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| 49 | 49 | | An offense committed before the effective date of this Act is |
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| 50 | 50 | | covered by the law in effect when the offense was committed, and the |
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| 51 | 51 | | former law is continued in effect for that purpose. For purposes of |
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| 52 | 52 | | this section, an offense was committed before the effective date of |
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| 53 | 53 | | this Act if any element of the offense was committed before that |
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| 54 | 54 | | date. |
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| 55 | 55 | | SECTION 5. This Act takes effect September 1, 2009. |
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