Texas 2015 - 84th Regular

Texas House Bill HB2061 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5591 GCB-D
2	2	By: Thompson of Harris H.B. No. 2061
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the offense of prostitution.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 43.02, Penal Code, is amended by
10	10	amending Subsections (a), (b), (c), and (d) and adding Subsection
11	11	(c-1) to read as follows:
12	12	(a) A person commits an offense if, in return for receipt of
13	13	a fee by the actor or another, the person knowingly:
14	14	(1) offers to engage, agrees to engage, or engages in
15	15	sexual conduct [for a fee]; or
16	16	(2) solicits another in a public place to engage with
17	17	the actor [person] in sexual conduct for hire.
18	18	(b) A person commits an offense if, based on the payment of a
19	19	fee by the actor or another, the person knowingly:
20	20	(1) offers to engage, agrees to engage, or engages in
21	21	sexual conduct; or
22	22	(2) solicits another in a public place to engage with
23	23	the actor in sexual conduct for hire [An offense is established
24	24	under Subsection (a)(1) whether the actor is to receive or pay a
25	25	fee. An offense is established under Subsection (a)(2) whether the
26	26	actor solicits a person to hire the actor or offers to hire the
27	27	person solicited].
28	28	(c) An offense under Subsection (a) [this section] is a
29	29	Class B misdemeanor, except that the offense is:
30	30	(1) a Class A misdemeanor if the actor has previously
31	31	been convicted one or two times of an offense under Subsection (a)
32	32	[this section]; or
33	33	(2) a state jail felony if the actor has previously
34	34	been convicted three or more times of an offense under Subsection
35	35	(a).
36	36	(c-1) An offense under Subsection (b) is a Class B
37	37	misdemeanor, except that the offense is:
38	38	(1) a Class A misdemeanor if the actor has previously
39	39	been convicted one or two times of an offense under Subsection (b);
40	40	(2) a state jail felony if the actor has previously
41	41	been convicted three or more times of an offense under Subsection
42	42	(b) [this section]; or
43	43	(3) a felony of the second degree if the person
44	44	solicited is younger than 18 years of age, regardless of whether the
45	45	actor knows the age of the person solicited at the time the actor
46	46	commits the offense.
47	47	(d) It is a defense to prosecution for an offense under
48	48	Subsection (a) [under this section] that the actor engaged in the
49	49	conduct that constitutes the offense because the actor was the
50	50	victim of conduct that constitutes an offense under Section 20A.02.
51	51	SECTION 2. Section 51.03(b), Family Code, is amended to
52	52	read as follows:
53	53	(b) Conduct indicating a need for supervision is:
54	54	(1) subject to Subsection (f), conduct, other than a
55	55	traffic offense, that violates:
56	56	(A) the penal laws of this state of the grade of
57	57	misdemeanor that are punishable by fine only; or
58	58	(B) the penal ordinances of any political
59	59	subdivision of this state;
60	60	(2) the absence of a child on 10 or more days or parts
61	61	of days within a six-month period in the same school year or on
62	62	three or more days or parts of days within a four-week period from
63	63	school;
64	64	(3) the voluntary absence of a child from the child's
65	65	home without the consent of the child's parent or guardian for a
66	66	substantial length of time or without intent to return;
67	67	(4) conduct prohibited by city ordinance or by state
68	68	law involving the inhalation of the fumes or vapors of paint and
69	69	other protective coatings or glue and other adhesives and the
70	70	volatile chemicals itemized in Section 485.001, Health and Safety
71	71	Code;
72	72	(5) an act that violates a school district's
73	73	previously communicated written standards of student conduct for
74	74	which the child has been expelled under Section 37.007(c),
75	75	Education Code;
76	76	(6) conduct that violates a reasonable and lawful
77	77	order of a court entered under Section 264.305;
78	78	(7) notwithstanding Subsection (a)(1), conduct
79	79	described by Section 43.02(a) or (b) [43.02(a)(1) or (2)], Penal
80	80	Code; or
81	81	(8) notwithstanding Subsection (a)(1), conduct that
82	82	violates Section 43.261, Penal Code.
83	83	SECTION 3. Section 261.001(1), Family Code, is amended to
84	84	read as follows:
85	85	(1) "Abuse" includes the following acts or omissions
86	86	by a person:
87	87	(A) mental or emotional injury to a child that
88	88	results in an observable and material impairment in the child's
89	89	growth, development, or psychological functioning;
90	90	(B) causing or permitting the child to be in a
91	91	situation in which the child sustains a mental or emotional injury
92	92	that results in an observable and material impairment in the
93	93	child's growth, development, or psychological functioning;
94	94	(C) physical injury that results in substantial
95	95	harm to the child, or the genuine threat of substantial harm from
96	96	physical injury to the child, including an injury that is at
97	97	variance with the history or explanation given and excluding an
98	98	accident or reasonable discipline by a parent, guardian, or
99	99	managing or possessory conservator that does not expose the child
100	100	to a substantial risk of harm;
101	101	(D) failure to make a reasonable effort to
102	102	prevent an action by another person that results in physical injury
103	103	that results in substantial harm to the child;
104	104	(E) sexual conduct harmful to a child's mental,
105	105	emotional, or physical welfare, including conduct that constitutes
106	106	the offense of continuous sexual abuse of young child or children
107	107	under Section 21.02, Penal Code, indecency with a child under
108	108	Section 21.11, Penal Code, sexual assault under Section 22.011,
109	109	Penal Code, or aggravated sexual assault under Section 22.021,
110	110	Penal Code;
111	111	(F) failure to make a reasonable effort to
112	112	prevent sexual conduct harmful to a child;
113	113	(G) compelling or encouraging the child to engage
114	114	in sexual conduct as defined by Section 43.01, Penal Code,
115	115	including conduct that constitutes an offense of trafficking of
116	116	persons under Section 20A.02(a)(7) or (8), Penal Code, prostitution
117	117	under Section 43.02(a) [43.02(a)(2)], Penal Code, or compelling
118	118	prostitution under Section 43.05(a)(2), Penal Code;
119	119	(H) causing, permitting, encouraging, engaging
120	120	in, or allowing the photographing, filming, or depicting of the
121	121	child if the person knew or should have known that the resulting
122	122	photograph, film, or depiction of the child is obscene as defined by
123	123	Section 43.21, Penal Code, or pornographic;
124	124	(I) the current use by a person of a controlled
125	125	substance as defined by Chapter 481, Health and Safety Code, in a
126	126	manner or to the extent that the use results in physical, mental, or
127	127	emotional injury to a child;
128	128	(J) causing, expressly permitting, or
129	129	encouraging a child to use a controlled substance as defined by
130	130	Chapter 481, Health and Safety Code;
131	131	(K) causing, permitting, encouraging, engaging
132	132	in, or allowing a sexual performance by a child as defined by
133	133	Section 43.25, Penal Code; or
134	134	(L) knowingly causing, permitting, encouraging,
135	135	engaging in, or allowing a child to be trafficked in a manner
136	136	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
137	137	(8), Penal Code, or the failure to make a reasonable effort to
138	138	prevent a child from being trafficked in a manner punishable as an
139	139	offense under any of those sections.
140	140	SECTION 4. Section 169.002(a), Health and Safety Code, is
141	141	amended to read as follows:
142	142	(a) The commissioners court of a county or governing body of
143	143	a municipality may establish a first offender prostitution
144	144	prevention program for defendants charged with an offense under
145	145	Section 43.02(b) [43.02(a)(2)], Penal Code[, in which the defendant
146	146	offered or agreed to hire a person to engage in sexual conduct].
147	147	SECTION 5. Section 169A.002(a), Health and Safety Code, is
148	148	amended to read as follows:
149	149	(a) The commissioners court of a county or governing body of
150	150	a municipality may establish a prostitution prevention program for
151	151	defendants charged with an offense under Section 43.02(a)
152	152	[43.02(a)(1)], Penal Code[, in which the defendant offered or
153	153	agreed to engage in or engaged in sexual conduct for a fee].
154	154	SECTION 6. The changes in law made by this Act to Section
155	155	43.02, Penal Code, apply only to an offense committed on or after
156	156	the effective date of this Act. An offense committed before the
157	157	effective date of this Act is governed by the law in effect when the
158	158	offense was committed, and the former law is continued in effect for
159	159	that purpose. For purposes of this section, an offense was
160	160	committed before the effective date of this Act if any element of
161	161	the offense occurred before that date.
162	162	SECTION 7. This Act takes effect September 1, 2015.