Texas 2015 - 84th Regular

Texas Senate Bill SB825 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R21010 GCB-D
2		-	By: Huffman, et al. S.B. No. 825
3		-	(Thompson of Harris)
4		-	Substitute the following for S.B. No. 825: No.
	1	+	S.B. No. 825
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to the prosecution of the offense of prostitution.
10	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	7		SECTION 1. Section 43.02, Penal Code, is amended by
12	8		amending Subsections (a), (b), (c), and (d) and adding Subsections
13	9		(b-1) and (c-1) to read as follows:
14	10		(a) A person commits an offense if, in return for receipt of
15	11		a fee, the person knowingly:
16	12		(1) offers to engage, agrees to engage, or engages in
17	13		sexual conduct [for a fee]; or
18	14		(2) solicits another in a public place to engage with
19	15		the actor [person] in sexual conduct for hire.
20	16		(b) A person commits an offense if, based on the payment of a
21	17		fee by the actor or another person on behalf of the actor, the
22	18		person knowingly:
23	19		(1) offers to engage, agrees to engage, or engages in
24	20		sexual conduct; or
25	21		(2) solicits another in a public place to engage with
26	22		the actor in sexual conduct for hire.
27	23		(b-1) An offense is established under Subsection (a)
28	24		regardless of [(a)(1)] whether the actor is offered or actually
29	25		receives the [is to receive or pay a] fee. An offense is
30	26		established under Subsection (b) regardless of [(a)(2)] whether the
31	27		actor or another person on behalf of the actor offers or actually
32	28		pays the fee [solicits a person to hire the actor or offers to hire
33	29		the person solicited].
34	30		(c) An offense under Subsection (a) [this section] is a
35	31		Class B misdemeanor, except that the offense is:
36	32		(1) a Class A misdemeanor if the actor has previously
37	33		been convicted one or two times of an offense under Subsection (a)
38	34		[this section]; or
39	35		(2) a state jail felony if the actor has previously
40	36		been convicted three or more times of an offense under Subsection
41	37		(a).
42	38		(c-1) An offense under Subsection (b) is a Class B
43	39		misdemeanor, except that the offense is:
44	40		(1) a Class A misdemeanor if the actor has previously
45	41		been convicted one or two times of an offense under Subsection (b);
46	42		(2) a state jail felony if the actor has previously
47	43		been convicted three or more times of an offense under Subsection
48	44		(b) [this section]; or
49	45		(3) a felony of the second degree if the person
50	46		solicited is younger than 18 years of age, regardless of whether the
51	47		actor knows the age of the person solicited at the time the actor
52	48		commits the offense.
53	49		(d) It is a defense to prosecution for an offense under
54	50		Subsection (a) [under this section] that the actor engaged in the
55	51		conduct that constitutes the offense because the actor was the
56	52		victim of conduct that constitutes an offense under Section 20A.02
57	53		or 43.05.
58	54		SECTION 2. Section 43.05, Penal Code, is amended by adding
59	55		Subsection (c) to read as follows:
60	56		(c) If conduct constituting an offense under this section
61	57		also constitutes an offense under another section of this code, the
62	58		actor may be prosecuted under either section or under both
63	59		sections.
64	60		SECTION 3. Section 51.03(b), Family Code, is amended to
65	61		read as follows:
66	62		(b) Conduct indicating a need for supervision is:
67	63		(1) subject to Subsection (f), conduct, other than a
68	64		traffic offense, that violates:
69	65		(A) the penal laws of this state of the grade of
70	66		misdemeanor that are punishable by fine only; or
71	67		(B) the penal ordinances of any political
72	68		subdivision of this state;
73	69		(2) the absence of a child on 10 or more days or parts
74	70		of days within a six-month period in the same school year or on
75	71		three or more days or parts of days within a four-week period from
76	72		school;
77	73		(3) the voluntary absence of a child from the child's
78	74		home without the consent of the child's parent or guardian for a
79	75		substantial length of time or without intent to return;
80	76		(4) conduct prohibited by city ordinance or by state
81	77		law involving the inhalation of the fumes or vapors of paint and
82	78		other protective coatings or glue and other adhesives and the
83	79		volatile chemicals itemized in Section 485.001, Health and Safety
84	80		Code;
85	81		(5) an act that violates a school district's
86	82		previously communicated written standards of student conduct for
87	83		which the child has been expelled under Section 37.007(c),
88	84		Education Code;
89	85		(6) conduct that violates a reasonable and lawful
90	86		order of a court entered under Section 264.305;
91	87		(7) notwithstanding Subsection (a)(1), conduct
92	88		described by Section 43.02(a) or (b) [43.02(a)(1) or (2)], Penal
93	89		Code; or
94	90		(8) notwithstanding Subsection (a)(1), conduct that
95	91		violates Section 43.261, Penal Code.
96	92		SECTION 4. Section 261.001(1), Family Code, is amended to
97	93		read as follows:
98	94		(1) "Abuse" includes the following acts or omissions
99	95		by a person:
100	96		(A) mental or emotional injury to a child that
101	97		results in an observable and material impairment in the child's
102	98		growth, development, or psychological functioning;
103	99		(B) causing or permitting the child to be in a
104	100		situation in which the child sustains a mental or emotional injury
105	101		that results in an observable and material impairment in the
106	102		child's growth, development, or psychological functioning;
107	103		(C) physical injury that results in substantial
108	104		harm to the child, or the genuine threat of substantial harm from
109	105		physical injury to the child, including an injury that is at
110	106		variance with the history or explanation given and excluding an
111	107		accident or reasonable discipline by a parent, guardian, or
112	108		managing or possessory conservator that does not expose the child
113	109		to a substantial risk of harm;
114	110		(D) failure to make a reasonable effort to
115	111		prevent an action by another person that results in physical injury
116	112		that results in substantial harm to the child;
117	113		(E) sexual conduct harmful to a child's mental,
118	114		emotional, or physical welfare, including conduct that constitutes
119	115		the offense of continuous sexual abuse of young child or children
120	116		under Section 21.02, Penal Code, indecency with a child under
121	117		Section 21.11, Penal Code, sexual assault under Section 22.011,
122	118		Penal Code, or aggravated sexual assault under Section 22.021,
123	119		Penal Code;
124	120		(F) failure to make a reasonable effort to
125	121		prevent sexual conduct harmful to a child;
126	122		(G) compelling or encouraging the child to engage
127	123		in sexual conduct as defined by Section 43.01, Penal Code,
128	124		including compelling or encouraging the child in a manner [conduct]
129	125		that constitutes an offense of trafficking of persons under Section
130	126		20A.02(a)(7) or (8), Penal Code, prostitution under Section
131	127		43.02(b) [43.02(a)(2)], Penal Code, or compelling prostitution
132	128		under Section 43.05(a)(2), Penal Code;
133	129		(H) causing, permitting, encouraging, engaging
134	130		in, or allowing the photographing, filming, or depicting of the
135	131		child if the person knew or should have known that the resulting
136	132		photograph, film, or depiction of the child is obscene as defined by
137	133		Section 43.21, Penal Code, or pornographic;
138	134		(I) the current use by a person of a controlled
139	135		substance as defined by Chapter 481, Health and Safety Code, in a
140	136		manner or to the extent that the use results in physical, mental, or
141	137		emotional injury to a child;
142	138		(J) causing, expressly permitting, or
143	139		encouraging a child to use a controlled substance as defined by
144	140		Chapter 481, Health and Safety Code;
145	141		(K) causing, permitting, encouraging, engaging
146	142		in, or allowing a sexual performance by a child as defined by
147	143		Section 43.25, Penal Code; or
148	144		(L) knowingly causing, permitting, encouraging,
149	145		engaging in, or allowing a child to be trafficked in a manner
150	146		punishable as an offense under Section 20A.02(a)(5), (6), (7), or
151	147		(8), Penal Code, or the failure to make a reasonable effort to
152	148		prevent a child from being trafficked in a manner punishable as an
153	149		offense under any of those sections.
154	150		SECTION 5. Section 169.002(a), Health and Safety Code, is
155	151		amended to read as follows:
156	152		(a) The commissioners court of a county or governing body of
157	153		a municipality may establish a first offender prostitution
158	154		prevention program for defendants charged with an offense under
159	155		Section 43.02(b) [43.02(a)(2)], Penal Code[, in which the defendant
160	156		offered or agreed to hire a person to engage in sexual conduct].
161	157		SECTION 6. Section 169A.002(a), Health and Safety Code, is
162	158		amended to read as follows:
163	159		(a) The commissioners court of a county or governing body of
164	160		a municipality may establish a prostitution prevention program for
165	161		defendants charged with an offense under Section 43.02(a)
166	162		[43.02(a)(1)], Penal Code[, in which the defendant offered or
167	163		agreed to engage in or engaged in sexual conduct for a fee].
168	164		SECTION 7. The changes in law made by this Act to Section
169	165		43.02, Penal Code, apply only to an offense committed on or after
170	166		the effective date of this Act. An offense committed before the
171	167		effective date of this Act is governed by the law in effect on the
172	168		date the offense was committed, and the former law is continued in
173	169		effect for that purpose. For purposes of this section, an offense
174	170		was committed before the effective date of this Act if any element
175	171		of the offense occurred before that date.
176	172		SECTION 8. This Act takes effect September 1, 2015.
	173	+	______________________________ ______________________________
	174	+	President of the Senate Speaker of the House
	175	+	I hereby certify that S.B. No. 825 passed the Senate on
	176	+	March 30, 2015, by the following vote: Yeas 30, Nays 0; and that
	177	+	the Senate concurred in House amendment on May 30, 2015, by the
	178	+	following vote: Yeas 31, Nays 0.
	179	+	______________________________
	180	+	Secretary of the Senate
	181	+	I hereby certify that S.B. No. 825 passed the House, with
	182	+	amendment, on May 27, 2015, by the following vote: Yeas 144,
	183	+	Nays 0, two present not voting.
	184	+	______________________________
	185	+	Chief Clerk of the House
	186	+	Approved:
	187	+	______________________________
	188	+	Date
	189	+	______________________________
	190	+	Governor