TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
FROM: | Ursula Parks, Director, Legislative Budget Board |
IN RE: | SB183 by Huffman (Relating to the offenses of the violation of civil rights of and improper sexual activity with individuals in custody; imposing a criminal penalty.), As Introduced |
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to include certain juvenile facilities to which the offense of violation of the civil rights of persons in custody would apply.
Violation of the civil rights of persons in custody is currently punishable as a state jail felony or a second degree felony, depending on the circumstances of the offense. A second degree felony is punishable by confinement in prison for two to 20 years and a state jail felony is punishable by confinement in a state jail for 180 days to two years. In addition to confinement all felony level offenses are subject to an optional fine not to exceed $10,000.
In fiscal year 2014, 22 people were arrested, fewer than 10 were placed under felony supervision, and fewer than 10 were admitted to state correctional institutions for the offense of violation of the civil rights of persons in custody. The bill's provisions would expand the types of correctional facilities subject to this offense to certain juvenile facilities. However, this analysis assumes this expansion would not significantly impact state correctional populations, programs, or workloads.
Source Agencies: |
LBB Staff: | UP, LM, ESi
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