Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3157 by Reynolds (Relating to the criminal offenses of violation of civil rights of and improper sexual activity with persons in custody; increasing a criminal penalty.), As Engrossed
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 violations of civil rights and improper sexual activity with persons in custody. Under the provisions of the bill, violations of civil rights under certain conditions would be punishable as a third degree felony. Under current statute, violations of civil rights under certain conditions is punishable as a Class A misdemeanor. Under the provisions of the bill, improper sexual activity with persons in custody would be punishable as a first degree felony. Under current statute, improper sexual activity with persons in custody is punishable as a state jail felony.
A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years, a third degree felony is punishable by confinement in prison for a term of 2 to 10 years; a state jail felony is punishable punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felonies can be subject to an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.
Creating an offense for which a criminal penalty is applied 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, fewer than 10 individuals were arrested for the related offenses, fewer than 10 individuals were placed under supervision in the community per year for either offense, and fewer than 10 individuals were admitted to state correctional institutions for either of the offenses. This analysis assumes implementing 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.