Bill Text: TX SB94 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to civil liability for compelled prostitution and certain promotion of prostitution.

Status: (Passed) 2013-05-25 - Effective on 9/1/13 [SB94 Detail]

Download: Texas-2013-SB94-Introduced.html
  83R688 TJS-D
 
  By: Van de Putte S.B. No. 94
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to civil liability for compelled prostitution and certain
  promotion of prostitution.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 98A to read as follows:
  CHAPTER 98A. LIABILITY FOR COMPELLED PROSTITUTION AND CERTAIN
  PROMOTION OF PROSTITUTION
         Sec. 98A.001.  DEFINITIONS. In this chapter:
               (1)  "Advertisement" means any communication that
  promotes a commercial product or service, including a communication
  on an Internet website operated for a commercial purpose.
               (2)  "Aggravated promotion of prostitution" means
  conduct that constitutes an offense under Section 43.04, Penal
  Code.
               (3)  "Compelled prostitution" means prostitution
  resulting from compelling prostitution.
               (4)  "Compelling prostitution" means conduct that
  constitutes an offense under Section 43.05, Penal Code.
               (5)  "Promotion of prostitution" means conduct that
  constitutes an offense under Section 43.03, Penal Code.
               (6)  "Prostitution" means conduct that constitutes an
  offense under Section 43.02, Penal Code.
               (7)  "Victim of compelled prostitution" and "victim"
  mean a person who commits prostitution as a result of another
  person's compelling prostitution.
         Sec. 98A.002.  LIABILITY. (a)  A defendant is liable to a
  victim of compelled prostitution, as provided by this chapter, for
  damages arising from the compelled prostitution if the defendant:
               (1)  engages in compelling prostitution with respect to
  the victim;
               (2)  knowingly or intentionally engages in promotion of
  prostitution or aggravated promotion of prostitution that results
  in compelling prostitution with respect to the victim; or
               (3)  publishes an advertisement that the defendant
  knows or reasonably should know constitutes promotion of
  prostitution or aggravated promotion of prostitution, and the
  publication of the advertisement results in compelling
  prostitution with respect to the victim.
         (b)  It is not a defense to liability under this chapter
  that:
               (1)  the defendant:
                     (A)  has been acquitted or has not been prosecuted
  or convicted under Subchapter A, Chapter 43, Penal Code, or has
  been convicted of a different offense or of a different type or
  class of offense for the conduct that is alleged to give rise to
  liability under this chapter;
                     (B)  is related to the victim by affinity or
  consanguinity, has been in a consensual sexual relationship with
  the victim, or has resided with the victim in a household; or
                     (C)  has paid or otherwise compensated the victim
  for prostitution; or
               (2)  the victim:
                     (A)  voluntarily engaged in prostitution before
  or after the compelled prostitution occurred; or
                     (B)  did not attempt to escape, flee, or otherwise
  terminate contact with the defendant at the time the compelled
  prostitution allegedly occurred.
         Sec. 98A.003.  DAMAGES. (a) A claimant who prevails in a
  suit under this chapter shall be awarded:
               (1)  actual damages, including damages for mental
  anguish even if an injury other than mental anguish is not shown;
               (2)  court costs; and
               (3)  reasonable attorney's fees.
         (b)  In addition to an award under Subsection (a), a claimant
  who prevails in a suit under this chapter may recover exemplary
  damages.
         Sec. 98A.004.  CAUSE OF ACTION CUMULATIVE. The cause of
  action created by this chapter is cumulative of any other remedy
  provided by common law or statute.
         Sec. 98A.005.  JOINT AND SEVERAL LIABILITY. A person who
  engages in conduct described by Section 98A.002 and is found liable
  under this chapter or other law for any amount of damages arising
  from that conduct is jointly and severally liable with any other
  defendant for the entire amount of damages arising from that
  conduct.
         Sec. 98A.006.  LIBERAL CONSTRUCTION AND APPLICATION. This
  chapter shall be liberally construed and applied to promote its
  underlying purpose to protect persons from compelled prostitution
  and provide adequate remedies to victims of compelled prostitution.
         SECTION 2.  Chapter 98A, Civil Practice and Remedies Code,
  as added by this Act, applies only to a cause of action that accrues
  on or after the effective date of this Act. A cause of action that
  accrues before the effective date of this Act is governed by the law
  in effect immediately before that date, and that law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2013.
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