The bill would amend the Penal Code as it relates to the punishment for aggravated sexual assault.  Under current law aggravated sexual assault is punishable as a first degree felony and, under certain circumstances the minimum term of imprisonment is 25 years without the possibility of parole.  Under the provisions of the bill the same circumstances that make this offense punishable as a first degree felony with a minimum term of imprisonment is 25 years without the possibility of parole would now make that offense punishable by life without parole as long as the defendant was at least 17 years old at the time of the offense. Under this provision of the bill, it is expected that any impact on offenders' length of incarceration would not significantly impact state correctional agencies' workload and programs within the first five years of the bill's implementation. In subsequent years, the bill's fiscal impact may increase as additional offenders are subject to the bill's provisions; this is dependent on the frequency with which the penalty is employed.

The bill adds a new provision that if the victim of the offense was 14 to 16 years old and suffered serious bodily injury at the time of the offense, the offense would be punishable by life without parole as long as the defendant was at least 17 years old at the time of the offense.  These circumstances are currently punishable as a first degree felony with the possibility of parole.    

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. 

Increasing the punishment for an offense is expected to result in increased demands upon the correctional resources of the state due to longer terms of confinement in prison. Whether the bill would result in a significant amount of cost to the state is indeterminate due to a lack of statewide data on the number of persons sent to prison for aggravated sexual assault whose victims were 14 to 16 years old and suffered serious bodily injury as a result of the offense.

In fiscal year 2012, a total of 3,113 people were arrested; 284 people were placed on felony community supervision; and 968 were admitted to the correctional institutions division for aggravated sexual assault.  In fiscal year 2012, a total of 701 offenders were released from prison for the offense of aggravated sexual assault.  Of those 701, the average length of stay was 6.8 years.  At present, data do not exist that would enable the identification of those cases in which persons were sent to prison for aggravated sexual assault and whose victims were 14 to 16 years old and suffered serious bodily injury as a result of the offense.