Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB343 by Perry (Relating to the prosecution of the offense of improper sexual activity with a person under supervision.), Committee Report 1st House, Substituted
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 offense of improper sexual activity with a person under supervision. Under the provisions of the bill, certain individuals who engage in improper sexual activity with individuals under supervision would commit a state jail felony.
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, and, in addition to confinement, an optional fine not to exceed $10,000.
Expanding the definition for any offense is expected to result in greater demands on the correctional resources of the counties or of the State due to additional individuals potentially placed under supervision in the community or sentenced to terms of confinement in state correctional institutions. 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 under the existing statute for the offense of improper sexual activity with a person in custody. 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.