| 1 | 1 | | 83R23784 MAW-D |
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| 2 | 2 | | By: Johnson H.B. No. 2801 |
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| 3 | 3 | | Substitute the following for H.B. No. 2801: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 2801 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the punishment for the offense of prostitution. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 43.02(c), Penal Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (c) An offense under this section is a Class B misdemeanor, |
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| 14 | 14 | | except that the offense is: |
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| 15 | 15 | | (1) a Class A misdemeanor if the defendant [actor] has |
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| 16 | 16 | | previously been convicted one or two times of an offense under this |
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| 17 | 17 | | section; |
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| 18 | 18 | | (2) for a defendant who received or was to receive a |
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| 19 | 19 | | fee: |
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| 20 | 20 | | (A) a Class A misdemeanor with a minimum term of |
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| 21 | 21 | | confinement of 90 days if the defendant has previously been |
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| 22 | 22 | | convicted three or more times but fewer than eight times of an |
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| 23 | 23 | | offense under this section; or |
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| 24 | 24 | | (B) a state jail felony if the defendant has |
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| 25 | 25 | | previously been convicted eight or more times of an offense under |
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| 26 | 26 | | this section; or |
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| 27 | 27 | | (3) for a defendant who paid or was to pay a fee: |
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| 28 | 28 | | (A) a state jail felony if the defendant [actor] |
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| 29 | 29 | | has previously been convicted three or more times of an offense |
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| 30 | 30 | | under this section; |
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| 31 | 31 | | (B) [(3)] a felony of the third degree if the |
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| 32 | 32 | | person with respect to whom the fee was paid or to be paid |
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| 33 | 33 | | [solicited] is 14 years of age or older and younger than 18 years of |
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| 34 | 34 | | age; or |
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| 35 | 35 | | (C) [(4)] a felony of the second degree if the |
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| 36 | 36 | | person with respect to whom the fee was paid or to be paid |
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| 37 | 37 | | [solicited] is younger than 14 years of age. |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to an offense committed on or after the effective date of this Act. |
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| 40 | 40 | | An offense committed before the effective date of this Act is |
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| 41 | 41 | | governed by the law in effect on the date the offense was committed, |
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| 42 | 42 | | and the former law is continued in effect for that purpose. For |
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| 43 | 43 | | purposes of this section, an offense was committed before the |
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| 44 | 44 | | effective date of this Act if any element of the offense occurred |
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| 45 | 45 | | before that date. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2013. |
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