Bill Text: TX SB94 | 2013-2014 | 83rd Legislature | Engrossed
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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-05-25 - Effective on 9/1/13 [SB94 Detail]
Download: Texas-2013-SB94-Engrossed.html
Bill Title: Relating to civil liability for compelled prostitution and certain promotion of prostitution.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-05-25 - Effective on 9/1/13 [SB94 Detail]
Download: Texas-2013-SB94-Engrossed.html
By: Van de Putte | S.B. No. 94 |
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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) purchases 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) 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 | ||
(B) 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, except that a person may not | ||
recover damages in a suit under this chapter in which the cause of | ||
action is based on a transaction or occurrence that is the basis for | ||
a suit under Chapter 98. | ||
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. |