The bill would amend the Penal Code by making the offense of indecency with child (with contact) punishable by imprisonment in the institutional division for life if the defendant has been previously convicted of sexual performance of a child, possession or promotion of child pornography, indecency with a child, sexual assault, aggravated sexual assault, aggravated kidnapping if the defendant committed the offense the intent to violate or abuse the victim sexually, indecency with a child (engaging in sexual contact), burglary with the intent to violate or abuse the victim sexually, and sexual performance of a child.

An inmate serving a sentence under Section 12.42(c)(2), Penal Code, is not eligible for release on parole until the actual calendar time the inmate has served, without consideration of good conduct time, equals 35 calendar years.

In fiscal year 2006, 748 offenders were admitted to prison for the offense of indecency with a child (with contact).  According to recidivism study data, approximately 8 percent of those offenders had a prior sex-related offense.  The average sentence length for indecency with a child with a prior sex-related offense was 10 years.  Of fiscal year 2006 releases for indecency with a child offense, offenders with a prior sex-related offense served approximately 89 percent of their sentence.  It is estimated that indecency with a child offenders with prior sex-related offenses will serve on average 8.2 years in prison.

Given the proposal would apply to offenses committed on or after September 1, 2007 and that under current law and policy, individuals convicted of indecency with child serve a high percentage of their sentence, the impact of this proposal would not be significant in the first five years of implementation.  A simulation model indicates that the bill would likely result in the need for an additional 165 prison beds by fiscal year 2025.