Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB412 by Middleton (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 that the actor at the time of the offense was a judicial or law enforcement officer discharging official duties. The bill furthermore amends 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 clarifying that the actor at the time of the offense was a judicial or law enforcement officer discharging official duties. It is assumed that any fiscal impact and any impact on state correctional populations or on the demand for state correctional resources would not be significant.
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