BILL ANALYSIS

H.B. 379

By: Smith

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been noted that state law provides for felony punishment of individuals convicted for the online solicitation of a minor. There are concerns that these offenders, once eligible for release on parole, will unjustly be released back into the community before serving an appropriate amount of time in prison. H.B. 379 seeks to ensure that individuals convicted for certain conduct constituting the online solicitation of a minor are not released on parole before serving an appropriate prison sentence.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes 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. 379 amends the Government Code to make an inmate serving a sentence for certain conduct constituting online solicitation of a minor ineligible for release on parole until the actual time served, without consideration of good conduct time, equals the lesser of one-half of the sentence or 30 calendar years, but in no event eligible for release in less than two calendar years. The bill applies to an inmate serving a sentence for knowingly soliciting a minor over the Internet, by electronic message service or system, or through a commercial online service to meet another person, including the actor, with the intent that the minor engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.

EFFECTIVE DATE

September 1, 2021.