Texas House Bill HB3701

Texas 2009 - 81st Regular

Caption

Relating to a finding that offense was sexually motivated.

Impact

The amendment proposed by HB 3701 will affect the way certain crimes are prosecuted and judged within the Texas legal framework. It seeks to add a layer of sensitivity and recognition for offenses that involve a sexual motivation component, thus acknowledging the different ramifications that sexual motivation can have on both the victim and society. By ensuring that such motivations are clearly documented in court proceedings, the bill aims to influence judicial outcomes in ways that align legal consequences with the nature of the crime.

Summary

House Bill 3701 addresses the judicial handling of offenses that are not inherently sexual in nature but may be motivated by sexual gratification. The bill introduces a new provision in Chapter 42 of the Texas Penal Code, specifically in Section 42.0191. This provision mandates that if during the trial for an offense, the court finds that the defendant's actions were sexually motivated, the court is required to enter an affirmative finding of that fact in the judgment. The implication of this provision is that it allows courts to highlight sexual motivations, potentially affecting sentencing and public perception of the crimes committed.

Contention

There may be points of contention surrounding the application and practicality of defining 'sexual motivation.' Critics might argue about the potential for subjective interpretations by judges and the implications this has for various cases. Additionally, there are concerns regarding the consequences for defendants who may be assessed with a sexual motivation finding, impacting their stigma, treatment during the legal process, and potential penalties. The bill's impact on the legal system, particularly concerning how these findings influence juries and court rulings, may also provoke debate among legal scholars and practitioners.