Texas 2015 - 84th Regular

Texas House Bill HB2319 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R24571 GCB-D
2	2	By: Parker, Meyer H.B. No. 2319
3	3	Substitute the following for H.B. No. 2319:
4	4	By: Herrero C.S.H.B. No. 2319
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prosecution of the offense of prostitution;
10	10	increasing a criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 43.02, Penal Code, is amended by
13	13	amending Subsections (a), (b), (c), and (d) and adding Subsections
14	14	(b-1) and (c-1) to read as follows:
15	15	(a) A person commits an offense if, in return for receipt of
16	16	a fee, the person knowingly:
17	17	(1) offers to engage, agrees to engage, or engages in
18	18	sexual conduct [for a fee]; or
19	19	(2) solicits another in a public place to engage with
20	20	the actor [person] in sexual conduct for hire.
21	21	(b) A person commits an offense if, based on the payment of a
22	22	fee by the actor or another person on behalf of the actor, the
23	23	person knowingly:
24	24	(1) offers to engage, agrees to engage, or engages in
25	25	sexual conduct; or
26	26	(2) solicits another in a public place to engage with
27	27	the actor in sexual conduct for hire.
28	28	(b-1) An offense is established under Subsection (a)
29	29	regardless of [(a)(1)] whether the actor is offered or actually
30	30	receives the [is to receive or pay a] fee. An offense is
31	31	established under Subsection (b) regardless of [(a)(2)] whether the
32	32	actor or another person on behalf of the actor offers or actually
33	33	pays the fee [solicits a person to hire the actor or offers to hire
34	34	the person solicited].
35	35	(c) An offense under Subsection (a) [this section] is a
36	36	Class B misdemeanor, except that the offense is:
37	37	(1) a Class A misdemeanor if the actor has previously
38	38	been convicted one or two times of an offense under Subsection (a)
39	39	[this section]; or
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	(a).
43	43	(c-1) An offense under Subsection (b) is a Class A
44	44	misdemeanor, except that the offense is:
45	45	(1) a state jail felony if the actor has previously
46	46	been convicted one or two times of an offense under Subsection (b);
47	47	(2) a felony of the third degree if the actor has
48	48	previously been convicted three or more times of an offense under
49	49	Subsection (b) [this section]; or
50	50	(3) a felony of the second degree if the person
51	51	solicited is younger than 18 years of age, regardless of whether the
52	52	actor knows the age of the person solicited at the time the actor
53	53	commits the offense.
54	54	(d) It is a defense to prosecution for an offense under
55	55	Subsection (a) [under this section] that the actor engaged in the
56	56	conduct that constitutes the offense because the actor was the
57	57	victim of conduct that constitutes an offense under Section 20A.02
58	58	or 43.05.
59	59	SECTION 2. Section 51.03(b), Family Code, is amended to
60	60	read as follows:
61	61	(b) Conduct indicating a need for supervision is:
62	62	(1) subject to Subsection (f), conduct, other than a
63	63	traffic offense, that violates:
64	64	(A) the penal laws of this state of the grade of
65	65	misdemeanor that are punishable by fine only; or
66	66	(B) the penal ordinances of any political
67	67	subdivision of this state;
68	68	(2) the absence of a child on 10 or more days or parts
69	69	of days within a six-month period in the same school year or on
70	70	three or more days or parts of days within a four-week period from
71	71	school;
72	72	(3) the voluntary absence of a child from the child's
73	73	home without the consent of the child's parent or guardian for a
74	74	substantial length of time or without intent to return;
75	75	(4) conduct prohibited by city ordinance or by state
76	76	law involving the inhalation of the fumes or vapors of paint and
77	77	other protective coatings or glue and other adhesives and the
78	78	volatile chemicals itemized in Section 485.001, Health and Safety
79	79	Code;
80	80	(5) an act that violates a school district's
81	81	previously communicated written standards of student conduct for
82	82	which the child has been expelled under Section 37.007(c),
83	83	Education Code;
84	84	(6) conduct that violates a reasonable and lawful
85	85	order of a court entered under Section 264.305;
86	86	(7) notwithstanding Subsection (a)(1), conduct
87	87	described by Section 43.02(a) or (b) [43.02(a)(1) or (2)], Penal
88	88	Code; or
89	89	(8) notwithstanding Subsection (a)(1), conduct that
90	90	violates Section 43.261, Penal Code.
91	91	SECTION 3. Section 261.001(1), Family Code, is amended to
92	92	read as follows:
93	93	(1) "Abuse" includes the following acts or omissions
94	94	by a person:
95	95	(A) mental or emotional injury to a child that
96	96	results in an observable and material impairment in the child's
97	97	growth, development, or psychological functioning;
98	98	(B) causing or permitting the child to be in a
99	99	situation in which the child sustains a mental or emotional injury
100	100	that results in an observable and material impairment in the
101	101	child's growth, development, or psychological functioning;
102	102	(C) physical injury that results in substantial
103	103	harm to the child, or the genuine threat of substantial harm from
104	104	physical injury to the child, including an injury that is at
105	105	variance with the history or explanation given and excluding an
106	106	accident or reasonable discipline by a parent, guardian, or
107	107	managing or possessory conservator that does not expose the child
108	108	to a substantial risk of harm;
109	109	(D) failure to make a reasonable effort to
110	110	prevent an action by another person that results in physical injury
111	111	that results in substantial harm to the child;
112	112	(E) sexual conduct harmful to a child's mental,
113	113	emotional, or physical welfare, including conduct that constitutes
114	114	the offense of continuous sexual abuse of young child or children
115	115	under Section 21.02, Penal Code, indecency with a child under
116	116	Section 21.11, Penal Code, sexual assault under Section 22.011,
117	117	Penal Code, or aggravated sexual assault under Section 22.021,
118	118	Penal Code;
119	119	(F) failure to make a reasonable effort to
120	120	prevent sexual conduct harmful to a child;
121	121	(G) compelling or encouraging the child to engage
122	122	in sexual conduct as defined by Section 43.01, Penal Code,
123	123	including compelling or encouraging the child in a manner [conduct]
124	124	that constitutes an offense of trafficking of persons under Section
125	125	20A.02(a)(7) or (8), Penal Code, prostitution under Section
126	126	43.02(b) [43.02(a)(2)], Penal Code, or compelling prostitution
127	127	under Section 43.05(a)(2), Penal Code;
128	128	(H) causing, permitting, encouraging, engaging
129	129	in, or allowing the photographing, filming, or depicting of the
130	130	child if the person knew or should have known that the resulting
131	131	photograph, film, or depiction of the child is obscene as defined by
132	132	Section 43.21, Penal Code, or pornographic;
133	133	(I) the current use by a person of a controlled
134	134	substance as defined by Chapter 481, Health and Safety Code, in a
135	135	manner or to the extent that the use results in physical, mental, or
136	136	emotional injury to a child;
137	137	(J) causing, expressly permitting, or
138	138	encouraging a child to use a controlled substance as defined by
139	139	Chapter 481, Health and Safety Code;
140	140	(K) causing, permitting, encouraging, engaging
141	141	in, or allowing a sexual performance by a child as defined by
142	142	Section 43.25, Penal Code; or
143	143	(L) knowingly causing, permitting, encouraging,
144	144	engaging in, or allowing a child to be trafficked in a manner
145	145	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
146	146	(8), Penal Code, or the failure to make a reasonable effort to
147	147	prevent a child from being trafficked in a manner punishable as an
148	148	offense under any of those sections.
149	149	SECTION 4. Section 169.002(a), Health and Safety Code, is
150	150	amended to read as follows:
151	151	(a) The commissioners court of a county or governing body of
152	152	a municipality may establish a first offender prostitution
153	153	prevention program for defendants charged with an offense under
154	154	Section 43.02(b) [43.02(a)(2)], Penal Code[, in which the defendant
155	155	offered or agreed to hire a person to engage in sexual conduct].
156	156	SECTION 5. Section 169A.002(a), Health and Safety Code, is
157	157	amended to read as follows:
158	158	(a) The commissioners court of a county or governing body of
159	159	a municipality may establish a prostitution prevention program for
160	160	defendants charged with an offense under Section 43.02(a)
161	161	[43.02(a)(1)], Penal Code[, in which the defendant offered or
162	162	agreed to engage in or engaged in sexual conduct for a fee].
163	163	SECTION 6. The changes in law made by this Act to Section
164	164	43.02, Penal Code, apply only to an offense committed on or after
165	165	the effective date of this Act. An offense committed before the
166	166	effective date of this Act is governed by the law in effect when the
167	167	offense was committed, and the former law is continued in effect for
168	168	that purpose. For purposes of this section, an offense was
169	169	committed before the effective date of this Act if any element of
170	170	the offense occurred before that date.
171	171	SECTION 7. This Act takes effect September 1, 2015.