Bill Text: TX SB377 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the prosecution of the offense of prostitution.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-02-02 - Referred to Criminal Justice [SB377 Detail]
Download: Texas-2015-SB377-Introduced.html
| 84R3315 MAW-F | ||
| By: Rodríguez | S.B. No. 377 | |
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| relating to the prosecution of the offense of prostitution. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 32, Code of Criminal Procedure, is | ||
| amended by adding Article 32.03 to read as follows: | ||
| Art. 32.03. DISMISSAL OF CERTAIN PROSTITUTION OFFENSES. At | ||
| any time before trial commences for an offense under Section 43.02, | ||
| Penal Code, a court may, on the request of the defendant and with | ||
| the consent of the attorney representing the state, defer | ||
| proceedings without entering an adjudication of guilt and permit | ||
| the defendant to participate in a prostitution prevention program | ||
| established under Chapter 169 or 169A, Health and Safety Code, if | ||
| the defendant is otherwise eligible to participate in the program | ||
| under the applicable chapter. If the defendant successfully | ||
| completes the prostitution prevention program not later than the | ||
| first anniversary of the date the proceedings were deferred, the | ||
| court may dismiss the proceedings against the defendant and | ||
| discharge the defendant. | ||
| SECTION 2. Section 43.02, Penal Code, is amended by | ||
| amending Subsection (c) and adding Subsection (c-1) to read as | ||
| follows: | ||
| (c) An offense under Subsection (a)(1) is a Class C | ||
| misdemeanor, except that the offense is: | ||
| (1) a Class B misdemeanor if the actor has previously | ||
| been convicted one or two times of an offense under Subsection | ||
| (a)(1); or | ||
| (2) a Class A misdemeanor if the actor has previously | ||
| been convicted three or more times of an offense under Subsection | ||
| (a)(1). | ||
| (c-1) An offense under Subsection (a)(2) [ |
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| Class B misdemeanor, except that the offense is: | ||
| (1) a Class A misdemeanor if the actor has previously | ||
| been convicted one or two times of an offense under Subsection | ||
| (a)(2) [ |
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| (2) a state jail felony if the actor has previously | ||
| been convicted three or more times of an offense under Subsection | ||
| (a)(2) [ |
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| (3) a felony of the second degree if the person | ||
| solicited is younger than 18 years of age, regardless of whether the | ||
| actor knows the age of the person solicited at the time the actor | ||
| commits the offense. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to an offense committed on or after the effective date of this Act. | ||
| An offense committed before the effective date of this Act is | ||
| governed by the law in effect on the date the offense was committed, | ||
| and the former law is continued in effect for that purpose. For | ||
| purposes of this section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 4. This Act takes effect September 1, 2015. | ||
