C.S.H.B. 532 78(R)    BILL ANALYSIS


C.S.H.B. 532
By: Giddings
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Educators' Code of Ethics states that an educator should not "solicit
or engage in sexual conduct or a romantic relationship with a student."
Though an educator may be sanctioned for violation of this rule,
currently, there are no laws that would prohibit sexual relations between
an educator, or a school employee, and a student. 

C.S.H.B. 532 would create the offense of improper sexual relations between
employees of a public or private primary or secondary school and students
younger than 18 years of age. 

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

C.S.H.B. 532 amends the Penal Code to prohibit an employee of a public or
private primary or secondary school to engage in sexual contact, sexual
intercourse, or deviate sexual intercourse with a person younger than 18
years of age and who is not the employee's spouse by creating a penalty.
The bill provides that it is an affirmative defense to prosecution if the
actor was not more than three years older than the victim and that, at the
time of the offense, the victim was 14 years of age or older and the actor
was not required to register as a sex offender under Chapter 62, Code of
Criminal Procedure. 

C.S.H.B. 532 also amends the Education Code, requiring the State Board of
Education to propose an amendment to the Educators' Code of Ethics,
thereby making such conduct a violation. 

EFFECTIVE DATE

September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 532 differs from the original in that it adds new language that
would make it an affirmative defense to prosecution under this section if
the actor was not more than three years older than the victim and that, at
the time of the offense, the victim was 14 years of age or older and the
actor was not required to register as a sex offender under Chapter 62,
Criminal Procedure Code.