Bill: HB 142, 85(R) - 2017
Committee
House Criminal Jurisprudence
Vote Recommendation
| Vote Recommendation |
Economic Freedom |
Property Rights |
Personal Responsibility |
Limited Government |
Individual Liberty |
| No |
Neutral |
Neutral |
Neutral |
Negative |
Neutral |
Author(s)
Joe Moody
Bill Caption
Relating to the creation of the offense of indecent assault, to judicial protection for victims of that offense, and to certain criminal acts committed in relation to that offense.
Fiscal Notes
From the LBB: no significant fiscal implication to the state is anticipated.
Bill Analysis
This bill would create a new offence called "indecent assault" and defined as a nonconsensual action that is intended to arouse or gratify the sexual desires of any person. This bill would specifically prohibit inappropriate touching including through clothing, or attempting to remove any clothing covering another person’s genitals, pubic area, anus, buttocks, or female areola.
An offense under this bill would be considered a Class A misdemeanor. In addition, this bill would allow victims of indecent assault to request a protection order against the aggressor. HB 142 states that an offense under this chapter may also be an offense under another chapter, therefore the actor may be prosecuted under this law, or the other laws governing this behavior, or both.
Vote Recommendation Notes
As the bill acknowledges, these acts are already criminal offenses under different parts of the statute. This bill would violate our principle of limited government by creating a new offense for actions that are already illegal and punishable as criminal offenses. Our laws should be few, necessary, fair, and just; creating a new category of offense for something that is already illegal is unnecessary. For these reasons we oppose HB 142.
Organizations Supporting
The Texas Council on Family Violence
