Expanding the circumstances for a criminal offense is expected to result in additional demands on the correctional resources of the State. The probable fiscal impact of implementing the bill is indeterminate due to the lack of data that would allow cases to be identified as nonconsensual as specified under the provisions of the bill. These data are necessary to identify those cases that would be eligible for prosecution as sexual assault from all other cases.
The bill would amend the Penal Code as it relates to the prosecution of the offense of sexual assault. Under the provisions of the bill, a sexual assault would include certain nonconsensual behavior. Sexual assault as described in the bill is currently punishable as a second degree felony.
Expanding the circumstances for a criminal offense is expected to result in additional demands on the correctional resources of the counties and of the State due to an increase in individuals placed under supervision in the community or sentenced to terms of confinement within state correctional institutions. Whether the bill would have a significant fiscal impact is indeterminate due to the lack of data that would allow those cases in which the actor knew the victim was intoxicated, knew consent had been withdrawn, or was the caregiver hired to assist the individual to be isolated from all other cases. The Office of Court Administration indicates the modifications outlined in the bill's provisions would not result in a significant fiscal impact.
No significant fiscal implication to units of local government is anticipated.