Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB265 by Turner (Relating to the prosecution of the offenses of sexual assault and aggravated sexual assault.), As Introduced
The provisions of the bill that are the subject of this analysis would amend the Penal Code as it relates to the offenses of sexual assault and aggravated sexual assault. Under the provisions of the bill, consent would be defined for the purposes of sexual assault and aggravated sexual assault. The bill would also make engaging in certain activities with someone who is incapable of providing consent or where consent has been withdrawn punishable as a second degree felony.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000.
Expanding the list of behaviors for which a criminal penalty is applied is expected to result in increased demands upon the correctional resources of counties or of the State due to a potential increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2016, 1,215 individuals were arrested, 68 were placed under felony community supervision, and 209 were admitted into state correctional institutions for sexual assault or aggravated sexual assault under existing statute. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.