The bill would amend the Penal Code as it relates to punishment for indecent exposure. Under the provisions of the bill, the punishment for indecent exposure would be enhanced from a Class B misdemeanor to a Class A misdemeanor if the defendant has been previously convicted one time, and to a state jail felony if the defendant has been previously convicted seven or more times for the offense. A previous conviction under the provisions of the bill would include an adjudication of guilt or a deferred adjudication regardless of whether the sentence was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.

A Class B Misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000.  

The bill's provisions increase the penalty for indecent exposure.  This penalty adjustment is expected to increase demands upon the correctional resources of counties and the state due to longer terms of probation, confinement in county jail, and state jail. When an offense changes from a misdemeanor to a felony, the burden of confining convicted offenders transfers from the counties to the state.

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 948 arrests and 256 community supervision placements for indecent exposure.