Honorable Dan Huberty, Chair, House Committee on Public Education
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1403 by Isaac (Relating to the prosecution of the offense of improper relationship between educator and student.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the prosecution of the offense of improper relationship between an educator and student. Under the provisions of the bill, the offense of improper relationship between an educator and student would be expanded to include certain students and employees. The offense is 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 an optional fine not to exceed $10,000.
Expanding the list of individuals to whom 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 sentenced to a term of supervision in the community or a term of confinement in state correctional institutions. In fiscal year 2016, 68 individuals were arrested, 30 were placed under felony community supervision, and 11 were admitted into state correctional institutions for the offense of improper relationship between an educator and student. 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.