Honorable Dade Phelan, Speaker of the House, House of Representatives
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 Passed 2nd House
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, certain individuals who engage in certain activities which violate the civil rights of an individual in custody or improper sexual activity with an individual in custody would commit a third, second, or first degree felony with punishment based on the specific circumstances of the offense. Under existing statute, engage in certain activities which violate the civil rights of an individual in custody or improper sexual activity with an individual in custody is punishable as a misdemeanor or felony with the punishment based on the specific circumstances of the offense.
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.
Increasing the penalty for an 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. From fiscal years 2018 through 2020, fewer than 10 individuals were arrested, fewer than 10 individuals were placed under supervision in the community, and fewer than 10 individuals were admitted to state correctional institutions for the violations of civil rights of and improper sexual activity with persons in custody. 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.