Texas House Bill HB1403

Texas 2017 - 85th Regular

Caption

Relating to the prosecution of the offense of improper relationship between educator and student.

Impact

The implications of HB 1403 are significant as they expand the jurisdiction for prosecuting offenses where educators engage in sexual relations with students. By allowing concurrent jurisdiction, the bill ensures that cases can be prosecuted even in areas where local prosecutors may be hesitant or overwhelmed. This may lead to more stringent enforcement of laws against educator misconduct, thereby enhancing student safety in educational institutions. The amendment signals a robust approach to safeguarding students from potential exploitation by those in positions of authority.

Summary

House Bill 1403 addresses the offense of improper relationships between educators and students. The bill amends Section 21.12 of the Texas Penal Code, enhancing the measures for prosecuting such offenses by allowing the Attorney General to share jurisdiction with local prosecutors, given the consent of the appropriate local county or district attorney. This change aims to strengthen the legal framework surrounding educator misconduct to ensure that cases are prosecuted effectively, regardless of the local attorney's capacity to handle such cases.

Contention

While the intent behind HB 1403 is to protect students, there may be contention regarding the appropriateness of granting broader prosecutorial powers to the Attorney General. Critics could argue that this centralization of authority might undermine local governance and prosecutorial discretion, potentially leading to standard practices that may not consider the unique circumstances of local cases. Furthermore, there could be concerns about the effectiveness of the measures; detractors may question whether increasing prosecutorial power leads to better outcomes in preventing and addressing educator misconduct.