LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
85TH LEGISLATIVE REGULAR SESSION
 
May 13, 2017

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB2960 by Parker (Relating to the prosecution and punishment of certain trafficking and sexual offenses; increasing a criminal penalty.), As Engrossed

The bill would amend the Penal Code as it relates to certain trafficking and sexual offenses. Under the provisions of the bill, a person commits an offense if the person engages in prohibited sexual behavior regardless of whether the actor knows the age of the victim at the time of the offense. The bill would also expand the offenses of aggravated sexual assault and promotion of prostitution and enhance the punishment for the offense of aggravated promotion of prostitution from a third degree felony to a second degree felony.

A second degree felony is punishable by confinement in prison for a term from 2 to 20 years;  a third degree felony is punishable by confinement in prison for a term from 2 to 10 years; and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offenses are also subject to an optional fine not to exceed $10,000.
 
Expanding the list of behaviors or enhancing the punishments for which criminal penalties are applied is expected to result in a 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, 17 individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for the offense of prostitution as the payor when the person solicited was younger than 18 years of age under existing statute. In fiscal year 2016, fewer than 10 individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for the offense of promotion of prostitution under existing statute. In fiscal year 2016, 53 individuals were arrested, 12 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for the offense of aggravated promotion of prostitution 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.


Source Agencies:
LBB Staff:
UP, KJo, LM