The bill would amend the Penal Code to include persons enrolled in a private primary or secondary school to the definition of the offense of improper relationship between educator and student.  The bill also removes the requirement in current law under certain circumstances that the employee provides education services to students.  This offense is punishable as a second degree felony. 

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. 

The bill's provisions expand the definition of the offense of improper relationship between educator and student and eliminate one requirement of that offense under certain circumstances.  This change is expected to increase correctional supervision and/or incarceration populations and thereby increase demands on county and/or state correctional resources. The state is responsible for confining convicted felony offenders and supervising them when released to parole. With funding support from the state, local probation departments are responsible for supervising convicted felony offenders under community supervision.  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 71 arrests, 25 placements on community supervision, and less than ten admissions to prison for the offense of improper relationship between educator and student.