Bill Caption

Relating to the criminal offenses of violation of civil rights of and improper sexual activity with persons in custody; increasing a criminal penalty.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 3157 would remove the requirement that a person must know their conduct is unlawful to have committed the offense of violating the civil rights of a person in custody by denying or impeding them of the exercise or enjoyment of any right, privilege, or immunity. The bill would raise the penalty for this offense from a Class A misdemeanor to a third-degree felony.

HB 3157 would also raise the penalties for improper sexual activity with a person in custody from a state jail felony to a second-degree felony, with a corresponding increase if the person in custody is a juvenile from a second-degree felony to first-degree felony.

Vote Recommendation Notes

Texas Action opposes the provision removing mens rea protection for an offense related to violating the civil rights of a person in custody by denying or impeding them of the exercise or enjoyment of any right, privilege, or immunity. Knowledge of wrongdoing is an important component of criminal law, particularly a law that is being increased from a Class A misdemeanor to a third-degree felony. 

We would withdraw our objection with the adoption of an amendment restoring mens rea protection.