Bill

SB 2238

85(R) - 2017
Senate Criminal Justice
House Criminal Jurisprudence
Read Bill & Check Bill Status
Senate Criminal Justice
House Criminal Jurisprudence
Crimes
Criminal Procedure

Vote Recommendation

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

Author(s)

Sylvia Garcia

Sponsor(s)

Tony Dale

Bill Caption

Relating to certain sexual offenses and certain other offenses involving conduct of a sexual nature, including the creation of the criminal offenses of sexual coercion, indecent assault, and possession or promotion of lewd visual material depicting a child, and to certain criminal acts committed in relation to those offenses.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill as passed by the Senate was intended to establish a new crime called sexual coercion. A person would commit this crime if they make threats with the intention of coercing another person to engage in sexual conduct. The new offense also includes a threat against property, or reputation, or if someone threatens to distribute intimate visual material, with the intention of coercing another person to engage in sexual conduct or to produce, provide, or distribute intimate visual material. It would also constitute an offense if a person knowingly causes another person to engage in sexual conduct, or to produce explicit visual material by means of a threat. If this bill were to pass, the method of communication used to make the threat would include any electronic means.

The House committee substitute to SB 2238 includes the language of SB 967 and HB 142, both of which we opposed as standalone bills. 

The House committee substitute also added the language of HB 1810 which we supported as a standalone bill. 

Vote Recommendation Notes

We supported SB 2238 as it appeared in the Senate. We supported HB 1810 as a standalone bill. We oppose HB 142 and SB 967. 

Due to the inclusion of the HB 142 and SB 967 language we have changed our position on this bill to oppose. We would withdraw our opposition and support the bill if amended to remove the HB 142 and SB 967 language.