BILL ANALYSIS

H.B. 2987

By: Johnson, Julie

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Recently, it was reported that a physician who sexually assaulted numerous women while acting in the physician's official capacity was only charged with a Class A misdemeanor. Concerns have been raised that this penalty was not serious enough for the offense that was committed, and that it has allowed the physician to receive deferred adjudication community supervision, evade scrutiny, and continue this illegal behavior. Those involved in the case, from investigators and county attorneys to attorneys with the medical board, are furious that more could not be done to punish and prevent this physician's actions. These parties, including victims, have argued that enhanced penalties are appropriate and necessary for this type of conduct and repeat offenders. H.B. 2987 seeks to address these concerns by enhancing the penalties for indecent assault.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, enhances the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2987 amends the Penal Code to enhance the penalty for indecent assault from a Class A misdemeanor to a state jail felony if either of the following is shown on the trial of the offense:

· the defendant is a health care services provider or a mental health services provider and the act is committed during the course of providing a treatment or service to the victim and is beyond the scope of generally accepted practices for the treatment or service; or

· the actor has been previously convicted of an indecent assault offense that does not involve that conduct as a health care services provider or mental health services provider.

If the actor has been previously convicted of an indecent assault offense involving that conduct as a health care services provider or a mental health services provider, the penalty is enhanced to a third degree felony.

EFFECTIVE DATE

September 1, 2021.