Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3073 by Howard (relating to the prosecution of the offense of sexual assault.), Committee Report 2nd House, Substituted
The bill would amend certain conduct constituting the offense of sexual assault to establish that an act of sexual assault is without a person's consent if the actor knows that the other person is intoxicated or impaired by any substance to the extent that the other person is incapable of consenting.
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.