HB 777

84(R) - 2015
House Criminal Jurisprudence
House Criminal Jurisprudence
Criminal Justice
Criminal Procedure

Vote Recommendation

Vote No; Amend
  • Neutral
  • Neutral
  • Neutral
  • Negative
  • Neutral


Debbie Riddle

Bill Caption

Relating to the punishment for the offense of indecent exposure.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

The bill would amend the Penal Code as it relates to the punishment for indecent exposure. Under the provisions of the bill, indecent exposure would be punishable as a misdemeanor or a felony depending on the number of previous convictions a person has on record. A second conviction would elevate the penalty to a Class A misdemeanor and the punishment for someone with two or more prior convictions for the same offense would be punishable by a state jail felony.

Vote Recommendation Notes

Currently, the offense of indecent exposure is punishable as a Class B misdemeanor regardless of the number of prior convictions for the same offense. A Class B misdemeanor is already punishable by up to six months in jail and/or a fine of up to $2.000. While this crime is indeed indecent, there is no reason to elevate it to a state jail felony which carries up to a two year prison sentence. This type of penalty ladder represents a form of overcriminalization.

Unless amended to remove the state jail felony provision, we oppose HB 777.

Organizations Supporting

Texas Municipal Police Association