Texas 2013 - 83rd Regular

Texas House Bill HB2863 Compare Versions

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Old	New	Differences
1	1	83R19692 GCB-D
2	2	By: Carter H.B. No. 2863
3	3	Substitute the following for H.B. No. 2863:
4	4	By: Herrero C.S.H.B. No. 2863
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the offense of prostitution, the defendants eligible
10	10	for participation in a first offender prostitution prevention
11	11	program, and certain procedures for the provision of services under
12	12	the program.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 169.002(a), Health and Safety Code, is
15	15	amended to read as follows:
16	16	(a) The commissioners court of a county or governing body of
17	17	a municipality may establish a first offender prostitution
18	18	prevention program for defendants charged with an offense under
19	19	Section 43.02 [43.02(a)(2)], Penal Code[, in which the defendant
20	20	offered or agreed to hire a person to engage in sexual conduct].
21	21	SECTION 2. Chapter 169, Health and Safety Code, is amended
22	22	by adding Section 169.0035 to read as follows:
23	23	Sec. 169.0035. SEPARATE AND APPROPRIATE COUNSELING,
24	24	SERVICES, AND CLASSROOM INSTRUCTION. A commissioners court of a
25	25	county or governing body of a municipality that establishes a first
26	26	offender prostitution prevention program under this chapter must
27	27	provide separate and appropriate counseling, services, and
28	28	classroom instruction under Section 169.003 for defendants charged
29	29	under Section 43.02(a)(1), Penal Code, and defendants charged under
30	30	Section 43.02(a)(2), Penal Code.
31	31	SECTION 3. Section 43.02, Penal Code, is amended by
32	32	amending Subsections (a) and (b) and adding Subsection (e) to read
33	33	as follows:
34	34	(a) A person commits an offense if the person [he]
35	35	knowingly:
36	36	(1) offers to engage, agrees to engage, or engages in
37	37	sexual conduct for a fee; or
38	38	(2) solicits another in a public place to engage with
39	39	the person [him] in sexual conduct for hire.
40	40	(b) An offense is established under Subsection (a)(1)
41	41	whether the actor is to receive or pay a fee. An offense is
42	42	established under Subsection (a)(2) whether the actor solicits a
43	43	person to hire the actor [him] or offers to hire the person
44	44	solicited.
45	45	(e) A conviction may be used for purposes of enhancement
46	46	under this section or enhancement under Subchapter D, Chapter 12,
47	47	but not under both this section and Subchapter D, Chapter 12. For
48	48	purposes of enhancement of penalties under this section or
49	49	Subchapter D, Chapter 12, a defendant is previously convicted of an
50	50	offense under this section if the defendant was adjudged guilty of
51	51	the offense or entered a plea of guilty or nolo contendere in return
52	52	for a grant of deferred adjudication, regardless of whether the
53	53	sentence for the offense was ever imposed or whether the sentence
54	54	was probated and the defendant was subsequently discharged from
55	55	community supervision.
56	56	SECTION 4. The change in law made by this Act applies only
57	57	to an offense committed on or after the effective date of this Act.
58	58	An offense committed before the effective date of this Act is
59	59	governed by the law in effect on the date the offense was committed,
60	60	and the former law is continued in effect for that purpose. For
61	61	purposes of this section, an offense was committed before the
62	62	effective date of this Act if any element of the offense occurred
63	63	before that date.
64	64	SECTION 5. This Act takes effect September 1, 2013.