Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB2238 by Garcia (relating to certain sexual offenses and certain other offenses involving conduct of a sexual nature, including the creation of the criminal offenses of sexual coercion, indecent assault, and possession or promotion of lewd visual material depicting a child, and to certain criminal acts committed in relation to those offenses.), Committee Report 2nd House, Substituted
The provisions of the bill addressing felony sanctions for criminal offenses are the subject of this analysis. The bill would amend the Penal Code as it relates to the offense of sexual coercion, sexual assault, indecent assault, aggravated sexual assault, and possession or promotion of lewd visual material depicting child. Under the provisions of the bill, the offenses of sexual coercion, indecent assault, and possession or promotion of lewd visual material depicting child would be created. The bill would also expand the offenses of sexual assault and aggravated sexual assault. The criminal penalties associated with the modified provisions are punishable as felonies and range from a state jail 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 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 subject to an optional fine not to exceed $10,000.
Expanding or creating 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, 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.