BILL ANALYSIS

H.B. 2589

By: Phelan

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Prosecutors have expressed concern that there is a gap in current law regarding the age at which a juvenile is considered a disabled individual for purposes of certain sexual assault offenses. These prosecutors have reported instances in which, because of this age gap, a victim who is not old enough to be considered a disabled individual for purposes of the more serious offense of aggravated sexual assault is, at the same time, not young enough for purposes of that same offense when the age of the victim is considered, and so the offender can only be charged with the less serious offense of sexual assault. H.B. 2589 seeks to prevent other victims from falling into this gap.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2589 amends the Penal Code to lower from 14 years of age to 13 years of age the age above which a person is considered a disabled individual for purposes of the offense of aggravated sexual assault if the person, by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self.

EFFECTIVE DATE

September 1, 2015.