Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1808 by Meyer (Relating to the prosecution and punishment of certain trafficking and sexual offenses; creating a criminal offense.), As Engrossed
The bill would amend the Penal Code as it relates to the certain trafficking and sexual offenses. Under the provisions of the bill, certain behaviors would constitute an offense regardless of whether the actor knows the age of the victim at the time of the offense and the punishment for the offense of unlawful disclosure or promotion of intimate visual material would be increased from a Class A misdemeanor to a state jail felony. The bill would also create the offense of sexual coercion and make engaging in certain activities with someone who is incapable of providing consent or where consent has been withdrawn an offense. The criminal penalties associated with the modified provisions are punishable as felonies and range from a third degree to first degree felony.
A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years; a second degree felony for a term from 2 to 20 years; and a third degree felony for a term from 2 to 10 years. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.
Increasing, creating, and enhancing penalties are expected to result in an increase in the demand for the correctional resources of the 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, 88 individuals were arrested and fewer than 10 were placed under misdemeanor community supervision for the offense of unlawful disclosure or promotion of intimate visual material under existing statute. In fiscal year 2016, 909 individuals were arrested, 63 were placed under felony community supervision, and 126 were admitted into state correctional institutions for the offense of sexual assault under existing statute. In fiscal year 2016, 333 individuals were arrested and fewer than 10 were placed under felony community supervision and 83 were admitted into state correctional institutions for the offense of 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.