LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

88TH LEGISLATIVE REGULAR SESSION
 
April 10, 2023

TO:
Honorable Ryan Guillen, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB3451 by Thompson, Senfronia (Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.), As Introduced

The bill would expand the conduct constituting certain offenses related to trafficking of disabled individuals and increase the penalty from a second degree felony to a first degree felony.

The bill would increase the penalty under the criminal offense of solicitation of prostitution for offering or agreeing to pay a fee for the purpose of engaging in certain sexual conduct to a second degree felony. Currently, the offense is punishable as a state jail felony or a third degree felony under certain circumstances. The bill would expand the conduct constituting the criminal offense of compelling prostitution to include causing a disabled individual to commit prostitution and make it punishable as a first degree felony. 

The bill would create the criminal offense of child grooming and make it punishable as a third degree felony or a second degree felony if the actor has previously been convicted of certain offenses.

The bill would revise and increase criminal penalties for the offense of possession of child pornography based on factors including the number of visual depictions of a child possessed by the defendant, the visual medium of the depiction, and the intent of the actor to promote or possess with intent to promote the depiction, with the maximum penalty being a first degree felony punishable by imprisonment in the Texas Department of Criminal Justice for a term of not less than 15 years if certain conditions are met. Currently, the maximum penalty is a first degree felony based on the number of previous convictions of the defendant for possession of child pornography.

Creating a new offense or expanding the conduct constituting and increasing the penalty for an existing offense may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.

In fiscal year 2022, there were 56 individuals arrested, 1 individual placed on adult community supervision, 4 individuals admitted into an adult state correctional institution, 1 individual placed on juvenile probation supervision, and no individuals admitted to a juvenile state correctional facility for second-degree felony trafficking of persons. It is unknown if the conduct of these offenses related to the trafficking of disabled individuals.

In fiscal year 2022, there were 1,640 individuals arrested, 88 individuals placed on adult community supervision, 1 individual admitted into an adult state correctional institution, no individuals placed on juvenile probation supervision, and no individuals admitted to a juvenile state correctional facility for the state jail felony offense or third degree felony offense of solicitation of prostitution. It is unknown if the conduct of these offenses relates to an offer or agreement to pay a fee for the purpose of soliciting prostitution.

In fiscal year 2022, there were 64 individuals arrested, 9 individuals placed on adult community supervision, 15 individuals admitted into an adult state correctional institution, no individuals placed on juvenile probation supervision, and no individuals admitted to a juvenile state correctional facility for compelling prostitution. It is unknown if the conduct of these offenses related to compelling prostitution of disabled individuals.

In fiscal year 2022, there were 419 individuals arrested, 101 individuals placed on adult community supervision, 145 individuals admitted to an adult state correctional institution, 46 individuals placed on juvenile probation supervision, and 1 individual admitted to a juvenile state correctional institution for possession of child pornography.

It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.


Source Agencies:
LBB Staff:
JMc, DDel, LBO, ESch