Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3073 by Howard (Relating to the prosecution of the offense of sexual assault.), As Introduced
The bill would amend certain conduct constituting the felony offense of sexual assault to establish that an act of sexual assault is without a person's consent if the actor knows or reasonably should know that the person is temporarily incapacitated or otherwise unable to resist the act, unaware that the sexual assault is occurring, has withdrawn consent to the act, or intoxicated by any substance such that the person is incapable of consenting to the act.
Expanding the conduct constituting an existing criminal 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 2024, there were 1,452 arrests, 100 referrals, 148 placements onto adult community supervision, 176 individuals admitted into an adult state correctional institution, and 3 individuals admitted into a juvenile state correctional institution for certain offenses of sexual assault.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.