83R19692 GCB-D
By: Carter H.B. No. 2863
Substitute the following for H.B. No. 2863:
By: Herrero C.S.H.B. No. 2863
A BILL TO BE ENTITLED
AN ACT
relating to the offense of prostitution, the defendants eligible
for participation in a first offender prostitution prevention
program, and certain procedures for the provision of services under
the program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 169.002(a), Health and Safety Code, is
amended to read as follows:
(a) The commissioners court of a county or governing body of
a municipality may establish a first offender prostitution
prevention program for defendants charged with an offense under
Section 43.02 [43.02(a)(2)], Penal Code[, in which the defendant
offered or agreed to hire a person to engage in sexual conduct].
SECTION 2. Chapter 169, Health and Safety Code, is amended
by adding Section 169.0035 to read as follows:
Sec. 169.0035. SEPARATE AND APPROPRIATE COUNSELING,
SERVICES, AND CLASSROOM INSTRUCTION. A commissioners court of a
county or governing body of a municipality that establishes a first
offender prostitution prevention program under this chapter must
provide separate and appropriate counseling, services, and
classroom instruction under Section 169.003 for defendants charged
under Section 43.02(a)(1), Penal Code, and defendants charged under
Section 43.02(a)(2), Penal Code.
SECTION 3. Section 43.02, Penal Code, is amended by
amending Subsections (a) and (b) and adding Subsection (e) to read
as follows:
(a) A person commits an offense if the person [he]
knowingly:
(1) offers to engage, agrees to engage, or engages in
sexual conduct for a fee; or
(2) solicits another in a public place to engage with
the person [him] in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1)
whether the actor is to receive or pay a fee. An offense is
established under Subsection (a)(2) whether the actor solicits a
person to hire the actor [him] or offers to hire the person
solicited.
(e) A conviction may be used for purposes of enhancement
under this section or enhancement under Subchapter D, Chapter 12,
but not under both this section and Subchapter D, Chapter 12. For
purposes of enhancement of penalties under this section or
Subchapter D, Chapter 12, a defendant is previously convicted of an
offense under this section if the defendant was adjudged guilty of
the offense or entered a plea of guilty or nolo contendere in return
for a grant of deferred adjudication, regardless of whether the
sentence for the offense was ever imposed or whether the sentence
was probated and the defendant was subsequently discharged from
community supervision.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
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 5. This Act takes effect September 1, 2013.