84R3315 MAW-F
By: RodrÃguez S.B. No. 377
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 32, Code of Criminal Procedure, is
amended by adding Article 32.03 to read as follows:
Art. 32.03. DISMISSAL OF CERTAIN PROSTITUTION OFFENSES. At
any time before trial commences for an offense under Section 43.02,
Penal Code, a court may, on the request of the defendant and with
the consent of the attorney representing the state, defer
proceedings without entering an adjudication of guilt and permit
the defendant to participate in a prostitution prevention program
established under Chapter 169 or 169A, Health and Safety Code, if
the defendant is otherwise eligible to participate in the program
under the applicable chapter. If the defendant successfully
completes the prostitution prevention program not later than the
first anniversary of the date the proceedings were deferred, the
court may dismiss the proceedings against the defendant and
discharge the defendant.
SECTION 2. Section 43.02, Penal Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) An offense under Subsection (a)(1) is a Class C
misdemeanor, except that the offense is:
(1) a Class B misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection
(a)(1); or
(2) a Class A misdemeanor if the actor has previously
been convicted three or more times of an offense under Subsection
(a)(1).
(c-1) An offense under Subsection (a)(2) [this section] is a
Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if the actor has previously
been convicted one or two times of an offense under Subsection
(a)(2) [this section];
(2) a state jail felony if the actor has previously
been convicted three or more times of an offense under Subsection
(a)(2) [this section]; or
(3) a felony of the second degree if the person
solicited is younger than 18 years of age, regardless of whether the
actor knows the age of the person solicited at the time the actor
commits the offense.
SECTION 3. 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 4. This Act takes effect September 1, 2015.