The provisions of the bill addressing felony sanctions are the subject of this analysis. Under the provisions of the bill, certain actions by a coach or tutor would be added to the list of actions considered to have been conducted without a person's consent for purposes of the prosecution of sexual assault. Under these circumstances, sexual assault would be punished as a second degree felony. Sexual assault is punished at multiple felony levels with the punishment level based on the specific circumstances of the offense.

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.

Expanding the list of behaviors for which a penalty can be applied is expected to result in additional demands upon the correctional resources of the counties or of the state due to an increase in the number of people placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, an average of 1,152 people were arrested, 84 people were placed onto felony direct community supervision, and 146 people were admitted into state correctional institutions for the second degree offense of sexual assault under statute that would be modified by the bill's provisions. 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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

CRIMINAL JUSTICE IMPACT STATEMENT 87TH LEGISLATIVE REGULAR SESSION


April 7, 2021

TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1164 by Campbell (Relating to the prosecution of the criminal offense of sexual assault.), As Introduced