| 1 | 1 | | 87R10305 EAS-D |
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| 2 | 2 | | By: Shaheen H.B. No. 3072 |
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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 punishment for 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. Sections 43.02(c) and (c-1), Penal Code, are |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (c) An offense under Subsection (a) is a Class B |
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| 12 | 12 | | misdemeanor, except that the offense is: |
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| 13 | 13 | | (1) a Class A misdemeanor if the actor has previously |
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| 14 | 14 | | been convicted one or two times of an offense under Subsection (a); |
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| 15 | 15 | | or |
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| 16 | 16 | | (2) a state jail felony if the actor: |
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| 17 | 17 | | (A) has previously been convicted three or more |
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| 18 | 18 | | times of an offense under Subsection (a); |
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| 19 | 19 | | (B) is a peace officer; |
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| 20 | 20 | | (C) is a public security officer or reserve law |
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| 21 | 21 | | enforcement officer, as those terms are defined by Section |
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| 22 | 22 | | 1701.001, Occupations Code; or |
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| 23 | 23 | | (D) is an employee of a public primary or |
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| 24 | 24 | | secondary school in this state. |
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| 25 | 25 | | (c-1) An offense under Subsection (b) is a Class A |
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| 26 | 26 | | misdemeanor, except that the offense is: |
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| 27 | 27 | | (1) a state jail felony if the actor: |
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| 28 | 28 | | (A) has previously been convicted of an offense |
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| 29 | 29 | | under Subsection (b); |
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| 30 | 30 | | (B) is a peace officer; |
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| 31 | 31 | | (C) is a public security officer or reserve law |
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| 32 | 32 | | enforcement officer, as those terms are defined by Section |
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| 33 | 33 | | 1701.001, Occupations Code; or |
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| 34 | 34 | | (D) is an employee of a public primary or |
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| 35 | 35 | | secondary school in this state; or |
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| 36 | 36 | | (2) a felony of the second degree if the person with |
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| 37 | 37 | | whom the actor agrees to engage in sexual conduct is: |
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| 38 | 38 | | (A) younger than 18 years of age, regardless of |
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| 39 | 39 | | whether the actor knows the age of the person at the time of the |
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| 40 | 40 | | offense; |
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| 41 | 41 | | (B) represented to the actor as being younger |
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| 42 | 42 | | than 18 years of age; or |
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| 43 | 43 | | (C) believed by the actor to be younger than 18 |
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| 44 | 44 | | years of age. |
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| 45 | 45 | | SECTION 2. The change in law made by this Act applies only |
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| 46 | 46 | | to an offense committed on or after the effective date of this Act. |
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| 47 | 47 | | An offense committed before the effective date of this Act is |
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| 48 | 48 | | governed by the law in effect on the date the offense was committed, |
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| 49 | 49 | | and the former law is continued in effect for that purpose. For |
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| 50 | 50 | | purposes of this section, an offense was committed before the |
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| 51 | 51 | | effective date of this Act if any element of the offense was |
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| 52 | 52 | | committed before that date. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2021. |
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