The bill would amend the Penal Code to enhance the punishment for engaging in improper sexual activity with a person in custody to a felony of the first degree if, during a period that is 30 or more days in duration, the person on two or more occasions engages in this conduct.  Under current law, engaging in improper sexual activity with a person in custody is punishable as a felony of the second degree if the offense is committed against certain juvenile offenders; otherwise the offense is a state jail felony.

A state jail felony is punishable by confinement in a state jail for a term from 180 days to two years and, in addition to confinement, an optional fine not to exceed $10,000.  A second degree felony is punishable by confinement in prison for a term of two to twenty years and, in addition to confinement, an optional fine not to exceed $10,000.  A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.

The bill's provisions increase the punishment for the offense of improper sexual activity with a person in custody.  This change is expected to increase demands on state correctional resources by increasing the length of stay for offenders eligible for confinement in state correctional facilities.  However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.  In fiscal year 2012, there were 21 arrests, 17 community supervision placements, and less than ten admissions to prison for the offense of improper sexual activity with a person in custody.