HBA-SEP C.S.H.B. 460 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 460
By: Hartnett
Criminal Jurisprudence
4/25/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law provides that the first conviction of a person who knowingly
engages in or offers or agrees to engage in sexual conduct for a fee, or
solicits another in a public place to engage in sexual conduct for hire
(prostitution) is a Class B misdemeanor.  The penalty for subsequent
convictions is a Class A misdemeanor. These penalties may not be sufficient
to deter this activity.  C.S.H.B. 460 provides that prostitution is a state
jail felony if a person has been previously convicted of prostitution three
or more times, and the offense was committed in or within 300 feet of a
residential area.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 460 amends the Penal Code to provide that prostitution is a state
jail felony if a person has been previously convicted of prostitution three
or more times, and the offense was committed in or within 300 feet of a
residential area.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 460 modifies the original to specify that in order for a
prostitution offense after the third or subsequent offense to be a state
jail felony, the offense has to have been committed in or within 300 feet
of a residential area.   The original bill made prostitution a state jail
felony after three or more convictions.