Honorable Ken King, Chair, House Committee on State Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB267 by Patterson (relating to defenses to prosecution for certain offenses involving
material or conduct that is obscene or otherwise harmful to
children.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the affirmative defense to prosecution of the offense of sale, distribution, or display of harmful material to a minor by removing scientific, educational, governmental, or other similar justifications and adding, for certain circumstances of the offense, that the actor at the time of the offense was a judicial or law enforcement officer discharging official duties.
The bill would amend the affirmative defense to prosecution of the offense of sexual performance by a child by removing that the conduct was for a bona fide educational, medical, psychological, psychiatric, or legislative purpose and adding that, at the time of the offense, the actor was a judicial or law enforcement officer discharging official duties.
Local Government Impact
It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council