HBA-AMW H.B. 225 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 225
By: Wise
Criminal Jurisprudence
4/29/2001
Introduced



BACKGROUND AND PURPOSE 

Child prostitution is prohibited by international, federal, and state laws,
but these laws are not uniform and often do not punish the person who
solicits or compels the child prostitute.  Current Texas law does not
penalize a parent, guardian, or custodian of a minor who knowingly permits
the minor to commit prostitution.  In addition, current law focuses on the
transfer of money or a fee in its definition of prostitution; however, many
child prostitutes trade sexual activity for food, shelter, protection, or
an end to a debt.  House Bill 225 increases the penalty for promotion of
prostitution if the prostitute is a person younger than 18 years, creates
an offense for a parent, guardian, or custodian of a minor who knowingly
permits the minor to commit prostitution, and expands the type of received
or proposed remuneration which constitutes prostitution or promotion of
prostitution to include any benefit. 

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

House Bill 225 amends the Penal Code to increase the penalty for promotion
of prostitution from a Class A misdemeanor to a third degree felony if the
prostitute is a person younger than 18 years.  The bill also increases the
age requirement for a child compelled to prostitution from younger than 17
to younger than 18 years.  H.B. 225 provides that a parent or legal
guardian or custodian of a minor younger than 18 years commits a third
degree felony if the person knowingly permits the minor to commit
prostitution.  H.B. 225 expands the type of received or proposed
remuneration which constitutes prostitution or promotion of prostitution
from a fee, compensation, or other property to a benefit.  The bill also
redefines the term "sexual conduct" to mean sexual contact, actual or
simulated sexual intercourse, deviate sexual intercourse, sexual
bestiality, masturbation, or sadomasochistic abuse. 

EFFECTIVE DATE

September 1, 2001.