| 1 | 1 | | 84R3315 MAW-F |
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| 2 | 2 | | By: RodrÃguez S.B. No. 377 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution of the offense of prostitution. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 32, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Article 32.03 to read as follows: |
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| 11 | 11 | | Art. 32.03. DISMISSAL OF CERTAIN PROSTITUTION OFFENSES. At |
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| 12 | 12 | | any time before trial commences for an offense under Section 43.02, |
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| 13 | 13 | | Penal Code, a court may, on the request of the defendant and with |
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| 14 | 14 | | the consent of the attorney representing the state, defer |
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| 15 | 15 | | proceedings without entering an adjudication of guilt and permit |
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| 16 | 16 | | the defendant to participate in a prostitution prevention program |
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| 17 | 17 | | established under Chapter 169 or 169A, Health and Safety Code, if |
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| 18 | 18 | | the defendant is otherwise eligible to participate in the program |
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| 19 | 19 | | under the applicable chapter. If the defendant successfully |
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| 20 | 20 | | completes the prostitution prevention program not later than the |
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| 21 | 21 | | first anniversary of the date the proceedings were deferred, the |
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| 22 | 22 | | court may dismiss the proceedings against the defendant and |
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| 23 | 23 | | discharge the defendant. |
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| 24 | 24 | | SECTION 2. Section 43.02, Penal Code, is amended by |
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| 25 | 25 | | amending Subsection (c) and adding Subsection (c-1) to read as |
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| 26 | 26 | | follows: |
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| 27 | 27 | | (c) An offense under Subsection (a)(1) is a Class C |
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| 28 | 28 | | misdemeanor, except that the offense is: |
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| 29 | 29 | | (1) a Class B misdemeanor if the actor has previously |
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| 30 | 30 | | been convicted one or two times of an offense under Subsection |
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| 31 | 31 | | (a)(1); or |
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| 32 | 32 | | (2) a Class A misdemeanor if the actor has previously |
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| 33 | 33 | | been convicted three or more times of an offense under Subsection |
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| 34 | 34 | | (a)(1). |
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| 35 | 35 | | (c-1) An offense under Subsection (a)(2) [this section] is a |
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| 36 | 36 | | Class B misdemeanor, except that the offense is: |
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| 37 | 37 | | (1) a Class A misdemeanor if the actor has previously |
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| 38 | 38 | | been convicted one or two times of an offense under Subsection |
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| 39 | 39 | | (a)(2) [this section]; |
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| 40 | 40 | | (2) a state jail felony if the actor has previously |
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| 41 | 41 | | been convicted three or more times of an offense under Subsection |
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| 42 | 42 | | (a)(2) [this section]; or |
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| 43 | 43 | | (3) a felony of the second degree if the person |
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| 44 | 44 | | solicited is younger than 18 years of age, regardless of whether the |
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| 45 | 45 | | actor knows the age of the person solicited at the time the actor |
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| 46 | 46 | | commits the offense. |
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| 47 | 47 | | SECTION 3. The change in law made by this Act applies only |
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| 48 | 48 | | to an offense committed on or after the effective date of this Act. |
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| 49 | 49 | | An offense committed before the effective date of this Act is |
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| 50 | 50 | | governed by the law in effect on the date the offense was committed, |
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| 51 | 51 | | and the former law is continued in effect for that purpose. For |
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| 52 | 52 | | purposes of this section, an offense was committed before the |
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| 53 | 53 | | effective date of this Act if any element of the offense occurred |
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| 54 | 54 | | before that date. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2015. |
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