By: Gallego H.B. No. 3473
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for, the punishment for, and
the civil and other consequences of committing the offense of
prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.02(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a Class A misdemeanor if [unless] the actor has
previously been convicted one or two times of an offense under this
section;
(2) a state jail felony if [, in which event it is a
Class A misdemeanor. If] the actor has previously been convicted
three or more times of an offense under this section; or
(3) a felony of the third degree if:
(A) the actor is the person who is to pay the fee
or who solicits another for hire; and
(B) the person who is to receive the fee or who is
solicited to be hired is younger than 17 years of age at the time of
the offense [, the offense is a state jail felony].
SECTION 2. Section 43.02, Penal Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
follows:
(d) It is a defense to prosecution under this section that
the actor engaged in the conduct that constitutes the offense:
(1) because the actor was the victim of conduct that
constitutes an offense under Section 20A.02; or
(2) was a child younger than 14 years old and was
forced to commit the conduct by a person who is 18 years of age or
older.
(e) The exception provided by Subsection (d)(2) applies to
any other proceeding under state law.
SECTION 3. Section 43.03(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if the actor has previously
been convicted of an offense under this section; or
(2) a felony of the third degree if:
(A) the person who provides prostitution
services from which the actor receives money or other property is
younger than 17 years of age at the time of the offense; or
(B) the actor solicits another to engage in
sexual conduct with a person who is younger than 17 years of age.
SECTION 4. Section 43.04(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the third
degree, unless any prostitute that is part of the actor's
prostitution enterprise is younger than 17 years of age at the time
of the offense, in which event it is a felony of the second degree.
SECTION 5. Article 62.001(5), Code of Criminal Procedure,
is amended to read as follows:
(5) "Reportable conviction or adjudication" means a
conviction or adjudication, including an adjudication of
delinquent conduct or a deferred adjudication, that, regardless of
the pendency of an appeal, is a conviction for or an adjudication
for or based on:
(A) a violation of Section 21.02 (Continuous
sexual abuse of young child or children), 21.11 (Indecency with a
child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
assault), or 25.02 (Prohibited sexual conduct), Penal Code;
(B) a violation of Section 43.05 (Compelling
prostitution), 43.25 (Sexual performance by a child), or 43.26
(Possession or promotion of child pornography), Penal Code;
(B-1) a violation of Section 43.02
(Prostitution), Penal Code, if the offense is punishable under
Subsection (c)(3) of that section;
(B-2) a violation of Section 43.03 (Promotion of
prostitution), Penal Code, if the offense is punishable under
Subsection (b)(2) of that section;
(B-3) a violation of Section 43.04 (Aggravated
promotion of prostitution), Penal Code, if the offense is
punishable as a felony of the second degree;
(C) a violation of Section 20.04(a)(4)
(Aggravated kidnapping), Penal Code, if the actor committed the
offense or engaged in the conduct with intent to violate or abuse
the victim sexually;
(D) a violation of Section 30.02 (Burglary),
Penal Code, if the offense or conduct is punishable under
Subsection (d) of that section and the actor committed the offense
or engaged in the conduct with intent to commit a felony listed in
Paragraph (A) or (C);
(E) a violation of Section 20.02 (Unlawful
restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
Penal Code, if, as applicable:
(i) the judgment in the case contains an
affirmative finding under Article 42.015; or
(ii) the order in the hearing or the papers
in the case contain an affirmative finding that the victim or
intended victim was younger than 17 years of age;
(F) the second violation of Section 21.08
(Indecent exposure), Penal Code, but not if the second violation
results in a deferred adjudication;
(G) an attempt, conspiracy, or solicitation, as
defined by Chapter 15, Penal Code, to commit an offense or engage in
conduct listed in Paragraph (A), (B), (C), (D), or (E);
(H) a violation of the laws of another state,
federal law, the laws of a foreign country, or the Uniform Code of
Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of an offense listed under Paragraph (A), (B), (B-1), (B-2), (B-3),
(C), (D), (E), (G), or (J), but not if the violation results in a
deferred adjudication;
(I) the second violation of the laws of another
state, federal law, the laws of a foreign country, or the Uniform
Code of Military Justice for or based on the violation of an offense
containing elements that are substantially similar to the elements
of the offense of indecent exposure, but not if the second violation
results in a deferred adjudication; or
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code.
SECTION 6. (a) The change in law made by this Act in
amending Section 43.02, Penal Code, applies only to an offense
committed on or after the effective date of this Act.
(b) An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 7. This Act takes effect September 1, 2011.