By: Menendez H.B. No. 32
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for and certain other consequences of
committing the offense of prostitution.
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. 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 second 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 5. 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 6. 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) or (4) 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), (E), or (K);
(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), (J), or (K), 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;
(J) a violation of Section 33.021 (Online
solicitation of a minor), Penal Code; or
(K) a violation of Section 20A.02(a)(3), (4),
(7), or (8) (Trafficking of persons), Penal Code.
SECTION 7. 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 8. This Act takes effect September 1, 2013.