BILL ANALYSIS

 

 

                                                                                                                                           H.B. 1467

                                                                                                                                      By: Hamilton

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, the statute governing prohibited sexual conduct does not address the act of sexual misconduct against a child if the offender is a guardian or conservator. Many times a child may be in the custody of someone besides a parent or relative and needs this provision to protect them.  The law clearly states all prohibited sexual acts but has left out wording of guardian. H.B. 1467 corrects this oversight.

 

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. 1467 states that sexual intercourse between an individual and any person for whom the individual has been appointed to be a guardian, conservator, or custodian by a court is a criminal offense. The offense of prohibited sexual conduct is punishable as a felony of the third degree.

 

EFFECTIVE DATE

 

September 1, 2005.