LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
May 15, 2009

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2385 by Castro (Relating to the punishment for the offense of prohibited sexual conduct.), As Engrossed

The bill would amend the Penal Code making prohibited sexual conduct in which the victim and offender were related as defined by Section 25.02 (a) (1), currently punishable as a third degree felony, punishable as a second degree felony.  Under the provisions of the bill, prohibited sexual conduct in which the victim and offender were related as defined by Section 25.02 (a) (6), currently punishable as a second degree felony, would be punishable as a third degree felony.

 

A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

 

A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

 

Enhancing punishment for criminal behavior is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison.  However, the number of offenders convicted under the provisions of the bill is not expected to result in increased demands upon the correctional resources of counties or of the State.



Source Agencies:
LBB Staff:
JOB, GG, LM