BILL ANALYSIS

H.B. 324

By: Murr

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that there is ambiguity in what constitutes an improper relationship between an educator and a student. H.B. 324 seeks to clarify the definition of sexual contact for such purposes in an effort to better enable the prosecution of educators who engage in such a relationship.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 324 amends the Penal Code to define "sexual contact," as that term relates to an offense of improper relationship between an educator and a student, as the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

·         any touching by an employee of a public or private primary or secondary school of the anus, breast, or any part of the genitals of a person enrolled in such a school; or

·         any touching of any part of the body of a person enrolled in a public or private primary or secondary school with the anus, breast, or any part of the genitals of an employee of such a school. 

EFFECTIVE DATE

September 1, 2019.