Texas 2013 - 83rd Regular

Texas House Bill HB32 Compare Versions

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Old	New	Differences
1	1	83R129 AJZ-F
2	2	By: Menendez H.B. No. 32
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for and certain civil consequences of
8	8	committing the offense of prostitution.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 43.03(b), Penal Code, is amended to read
11	11	as follows:
12	12	(b) An offense under this section is a Class A misdemeanor,
13	13	except that the offense is:
14	14	(1) a state jail felony if the actor has previously
15	15	been convicted of an offense under this section; or
16	16	(2) a felony of the third degree if:
17	17	(A) the person who provides prostitution
18	18	services from which the actor receives money or other property is
19	19	younger than 17 years of age at the time of the offense; or
20	20	(B) the actor solicits another to engage in
21	21	sexual conduct with a person who is younger than 17 years of age.
22	22	SECTION 2. Section 43.04(b), Penal Code, is amended to read
23	23	as follows:
24	24	(b) An offense under this section is a felony of the third
25	25	degree, unless any prostitute that is part of the actor's
26	26	prostitution enterprise is younger than 17 years of age at the time
27	27	of the offense, in which event it is a felony of the second degree.
28	28	SECTION 3. Article 62.001(5), Code of Criminal Procedure,
29	29	is amended to read as follows:
30	30	(5) "Reportable conviction or adjudication" means a
31	31	conviction or adjudication, including an adjudication of
32	32	delinquent conduct or a deferred adjudication, that, regardless of
33	33	the pendency of an appeal, is a conviction for or an adjudication
34	34	for or based on:
35	35	(A) a violation of Section 21.02 (Continuous
36	36	sexual abuse of young child or children), 21.11 (Indecency with a
37	37	child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
38	38	assault), or 25.02 (Prohibited sexual conduct), Penal Code;
39	39	(B) a violation of Section 43.05 (Compelling
40	40	prostitution), 43.25 (Sexual performance by a child), or 43.26
41	41	(Possession or promotion of child pornography), Penal Code;
42	42	(B-1) a violation of Section 43.02
43	43	(Prostitution), Penal Code, if the offense is punishable under
44	44	Subsection (c)(3) or (4) of that section;
45	45	(B-2) a violation of Section 43.03 (Promotion of
46	46	prostitution), Penal Code, if the offense is punishable under
47	47	Subsection (b)(2) of that section;
48	48	(B-3) a violation of Section 43.04 (Aggravated
49	49	promotion of prostitution), Penal Code, if the offense is
50	50	punishable as a felony of the second degree;
51	51	(C) a violation of Section 20.04(a)(4)
52	52	(Aggravated kidnapping), Penal Code, if the actor committed the
53	53	offense or engaged in the conduct with intent to violate or abuse
54	54	the victim sexually;
55	55	(D) a violation of Section 30.02 (Burglary),
56	56	Penal Code, if the offense or conduct is punishable under
57	57	Subsection (d) of that section and the actor committed the offense
58	58	or engaged in the conduct with intent to commit a felony listed in
59	59	Paragraph (A) or (C);
60	60	(E) a violation of Section 20.02 (Unlawful
61	61	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
62	62	Penal Code, if, as applicable:
63	63	(i) the judgment in the case contains an
64	64	affirmative finding under Article 42.015; or
65	65	(ii) the order in the hearing or the papers
66	66	in the case contain an affirmative finding that the victim or
67	67	intended victim was younger than 17 years of age;
68	68	(F) the second violation of Section 21.08
69	69	(Indecent exposure), Penal Code, but not if the second violation
70	70	results in a deferred adjudication;
71	71	(G) an attempt, conspiracy, or solicitation, as
72	72	defined by Chapter 15, Penal Code, to commit an offense or engage in
73	73	conduct listed in Paragraph (A), (B), (C), (D), (E), or (K);
74	74	(H) a violation of the laws of another state,
75	75	federal law, the laws of a foreign country, or the Uniform Code of
76	76	Military Justice for or based on the violation of an offense
77	77	containing elements that are substantially similar to the elements
78	78	of an offense listed under Paragraph (A), (B), (B-1), (B-2), (B-3),
79	79	(C), (D), (E), (G), (J), or (K), but not if the violation results in
80	80	a deferred adjudication;
81	81	(I) the second violation of the laws of another
82	82	state, federal law, the laws of a foreign country, or the Uniform
83	83	Code of Military Justice for or based on the violation of an offense
84	84	containing elements that are substantially similar to the elements
85	85	of the offense of indecent exposure, but not if the second violation
86	86	results in a deferred adjudication;
87	87	(J) a violation of Section 33.021 (Online
88	88	solicitation of a minor), Penal Code; or
89	89	(K) a violation of Section 20A.02(a)(3), (4),
90	90	(7), or (8) (Trafficking of persons), Penal Code.
91	91	SECTION 4. The change in law made by this Act applies only
92	92	to an offense committed on or after the effective date of this Act.
93	93	An offense committed before the effective date of this Act is
94	94	governed by the law in effect on the date the offense was committed,
95	95	and the former law is continued in effect for that purpose. For
96	96	purposes of this section, an offense was committed before the
97	97	effective date of this Act if any element of the offense occurred
98	98	before that date.
99	99	SECTION 5. This Act takes effect September 1, 2013.