LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 22, 2017 TO: Honorable Roland Gutierrez, Chair, House Committee on Defense & Veterans' Affairs FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3039 by Blanco (Relating to the reporting and prosecution of sexual assault, sexual harassment, and sexual misconduct by a member of the state military forces; creating a criminal offense.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. This bill would amend the Government Code relating to the reporting and prosecution of sexual assault, sexual harassment, and sexual misconduct by a member of the state military forces, and would create a criminal misdemeanor offense. The bill would prohibit persons subject to the Chapter from being held for trial by court-martial, or punished for an offense, based solely on the filing of a report as a victim of or witness to an incident of sexual assault. The bill specifies violation of its subsections is to be considered a Class A misdemeanor. It is assumed that any costs associated with the implementation of the bill could be absorbed within existing agency resources. The provisions of this bill would take effect September 1, 2017. Local Government Impact A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication. Source Agencies:401 Military Department LBB Staff: UP, LBO, AI, MPU, BM LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 22, 2017 TO: Honorable Roland Gutierrez, Chair, House Committee on Defense & Veterans' Affairs FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3039 by Blanco (Relating to the reporting and prosecution of sexual assault, sexual harassment, and sexual misconduct by a member of the state military forces; creating a criminal offense.), Committee Report 1st House, Substituted TO: Honorable Roland Gutierrez, Chair, House Committee on Defense & Veterans' Affairs FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB3039 by Blanco (Relating to the reporting and prosecution of sexual assault, sexual harassment, and sexual misconduct by a member of the state military forces; creating a criminal offense.), Committee Report 1st House, Substituted Honorable Roland Gutierrez, Chair, House Committee on Defense & Veterans' Affairs Honorable Roland Gutierrez, Chair, House Committee on Defense & Veterans' Affairs Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board HB3039 by Blanco (Relating to the reporting and prosecution of sexual assault, sexual harassment, and sexual misconduct by a member of the state military forces; creating a criminal offense.), Committee Report 1st House, Substituted HB3039 by Blanco (Relating to the reporting and prosecution of sexual assault, sexual harassment, and sexual misconduct by a member of the state military forces; creating a criminal offense.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. This bill would amend the Government Code relating to the reporting and prosecution of sexual assault, sexual harassment, and sexual misconduct by a member of the state military forces, and would create a criminal misdemeanor offense. The bill would prohibit persons subject to the Chapter from being held for trial by court-martial, or punished for an offense, based solely on the filing of a report as a victim of or witness to an incident of sexual assault. The bill specifies violation of its subsections is to be considered a Class A misdemeanor. It is assumed that any costs associated with the implementation of the bill could be absorbed within existing agency resources. The provisions of this bill would take effect September 1, 2017. Local Government Impact A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication. Source Agencies: 401 Military Department 401 Military Department LBB Staff: UP, LBO, AI, MPU, BM UP, LBO, AI, MPU, BM