LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
March 18, 2019

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
SB194 by Perry (Relating to the creation of the offense of indecent assault, to judicial protection for victims of that offense, and to certain criminal acts committed in relation to that offense.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to create the offense of indecent assault and add it to the list of offenses for which certain protective orders may be sought.  Under the provisions of the bill, engaging in certain behaviors without consent and with certain intent would be punishable as a Class A misdemeanor, and repeat violations of certain court orders or conditions of bond would be punishable as a third degree felony.

A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.  A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both.


Expanding the list of behaviors for which a criminal penalty may be applied or increasing the punishment is expected to result in additional demands upon the correctional resources of counties or of the State due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. This analysis assumes the provisions of the bill affecting felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.



Source Agencies:
LBB Staff:
WP, LM, DGi