HBA-RBT H.B. 2306 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2306
By: Maxey
Criminal Jurisprudence
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 2306 is an attempt to reduce prostitution, especially with respect to
repeat offenders, by providing courts with a variety of treatment options
when placing prostitutes on community supervision.  This bill also allows
for higher fines for those convicted of prostitution.  

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 43.02(c), Penal Code, to increase the maximum
fine for prostitution to $5,000.  Requires the court to consider the
prostitute's employment status, earning ability, and financial resources,
and any other special circumstances that may affect the prostitute's
ability to pay, including any financial responsibilities owed by the
defendant to dependents. 

SECTION 2.  Amends Section 11, Article 42.12, Code of Criminal Procedure,
by adding Subsection (g), to require a court that grants community
supervision to a person convicted of prostitution to require the prostitute
to participate in a substance abuse program, a job training program, an
education program, a mental health service program, or any other similar
program. 

SECTION 3.  Amends Article 103.004(b), Code of Criminal Procedure, to
include fines collected under Section 43.02 (Prostitution), Penal Code, in
the special fund of the county treasury for the community supervision and
corrections department serving the county. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.