Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB198 by González, Mary (Relating to the prosecution of the criminal offense of indecency with a child.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the offense of indecency with a child. Under the provisions of the bill, assuming all other conditions are met, there would be no requirement the actor be a member of the opposite sex to establish an affirmative defense to prosecution. Indecency with a child is punishable by second or third degree felony with the punishment based on the specific circumstances of the offense.
A second degree felony is punishable by confinement in prison for a term of 2 to 20 years, and a third degree felony is punishable by confinement in prison for a term of 2 to 10 years. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.
Expanding the defense to prosecution for any offense is expected to result in fewer demands upon the correctional resources of the state due to fewer people being admitted into state correctional institutions. From fiscal year 2018 to 2020, 6,542 people were arrested and 1,764 were admitted into state correctional institutions for the offense of indecency with a child under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.