Bill: HB 376, 87(R) - 2021

Committee

House Criminal Jurisprudence

Companion Bill

SB 312

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Neutral Neutral Neutral Neutral Neutral Neutral

Author(s)

Reggie Smith

Bill Caption

Relating to the punishment for the criminal offense of improper sexual activity with a person in custody; increasing a criminal penalty.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 376 would make all engagement in sexual contact with an individual in custody by a correctional facility employee or peace officer a second-degree felony, regardless of whether the person in custody is a juvenile or not. Currently the penalty for improper sexual contact in these circumstances is a state jail felony.

Vote Recommendation Notes

Texas Action is neutral on HB 376 as it does not touch directly upon any of our Liberty Principles. Raising the penalty for this offense from a state jail felony to a second degree felony is not disproportionate to the crime because incarcerated individuals are not able to effectively give or withhold consent for sexual contact with a person who is in authority over them or who has the ability to influence the conditions of their confinement. 


Source URL (retrieved on 03/29/2024 09:03 AM): http://reports.texasaction.com/bill/87r/hb376?print_view=true