LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

87TH LEGISLATIVE REGULAR SESSION
 
April 18, 2021

TO:
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB3111 by Meyer (Relating to the criminal offense of online solicitation relating to a minor; creating a criminal offense; changing eligibility for community supervision.), Committee Report 1st House, Substituted

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 online solicitation of a minor.  Under the provisions of the bill, the definition of online solicitation of a minor would be revised and eligibility for community supervision would be modified.  Individuals sentenced for online solicitation of a minor as defined in the bill would no longer be eligible for community supervision. The bill would also make using certain electronic communication, knowingly solicits a person with the intent that the solicitation will cause a minor to meet another person, including the actor, to engage in certain sexual contact punishable as a second degree felony.

A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000.

Changing the eligibility for community supervision or creating a new offense is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions.  In fiscal years 2018 through 2020, 55 individuals were arrested for online solicitation of a minor.  In fiscal year 2018, 14 people were placed on direct community supervision for online solicitation of a minor; in fiscal year 2019, 55 people were placed on direct community supervision for online solicitation of a minor; and in fiscal year 2020, 65 people were placed on direct community supervision for online solicitation of a minor.  Under the provisions of the bill, none of these individuals would be eligible for community supervision and would be admitted to state correctional institutions instead.  This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.




Source Agencies:
LBB Staff:
JMc, DKN, LM, MP