Texas 2013 - 83rd Regular

Texas Senate Bill SB94

Filed
11/12/12  
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to civil liability for compelled prostitution and certain promotion of prostitution.

Impact

The enactment of SB94 will have significant implications on state laws regarding the civil liabilities associated with prostitution. By assigning liability to those who promote or engage in compounded prostitution, the law aims to ensure that victims have a path to seek damages. Victims may receive compensation that includes actual damages, mental anguish damages, court costs, and reasonable attorney's fees, which could empower more individuals to come forward and seek justice. Furthermore, the law specifies that a victim's previous engagement in prostitution does not negate their right to pursue claims under this chapter, providing a robust layer of protection for individuals caught in exploitative situations.

Summary

SB94 introduces a new chapter in the Civil Practice and Remedies Code that addresses civil liability for compelled prostitution and certain promotion of prostitution. The bill outlines clear definitions related to the offenses of compelling prostitution, promotion of prostitution, and aggravated promotion of prostitution, thereby aiming to establish a legal framework to protect victims. Central to the bill is the liability of defendants who engage in actions that result in someone being compelled into prostitution, linking the offense to those who knowingly promote or advertise such activities. This development reflects an important step in recognizing the rights of victims within the legal system.

Contention

Debate surrounding SB94 has highlighted varying perspectives on how best to address the issues of human trafficking and prostitution in Texas. Advocates for the bill argue that establishing clear civil liabilities against those who compel or promote prostitution is a significant move toward victim advocacy and rehabilitation. Meanwhile, opponents may express concerns regarding potential misuse of the law or the implications it could have on personal freedoms, particularly in relation to consensual adult activities. The balance between protecting victims and ensuring that the law is not used to further criminalize certain behaviors will likely be an ongoing discussion as the bill is implemented.

Companion Bills

TX HB90

Identical Relating to civil liability for compelled prostitution and certain promotion of prostitution.

Similar Bills

AR SB427

To Amend Promoting Prostitution Offenses; To Enhance The Penalties For Promoting Prostitution In The First, Second, And Third Degree; And To Create The Offense Of Promoting Prostitution At A Business.

TX HB90

Relating to civil liability for compelled prostitution and certain promotion of prostitution.

SC S0235

Prostitution

NJ A1209

Directs fines collected for certain prostitution crime to "Human Trafficking Survivor's Assistance Fund."

NJ A1967

Directs referral of certain persons under 18 for determination of status as socially or economically disadvantaged youth.

NJ A1185

Upgrades offense of prostitution as patron; directs fines collected to "Human Trafficking Survivor's Assistance Fund."

NJ S4123

Upgrades offense of prostitution as patron; directs fines collected to "Human Trafficking Survivor's Assistance Fund."

NJ A5304

Upgrades penalties for certain prostitution crimes; creates crimes of leader of prostitution network and participant in prostitution network.