Texas 2017 - 85th 1st C.S.

Texas House Bill HB309

Caption

Relating to the creation of the offense of indecent assault, to judicial protection for victims of that offense, and to certain criminal acts committed in relation to that offense.

Impact

The implications of HB309 are profound, as it not only clarifies the definition and parameters of indecent assault but also integrates the offense into the broader array of crimes against sexual autonomy. It introduces protective measures for victims, allowing them to secure protective orders without regard to their relationship with the alleged offender. Such legislative changes signal a shift towards bolstering the rights and protections afforded to victims of sexual violence, emphasizing a more proactive approach in legal frameworks related to assault and harassment.

Summary

House Bill 309 introduces significant amendments to Texas penal and criminal procedure codes regarding the offense of indecent assault, as well as judicial protections for victims of such offenses. Specifically, it establishes indecent assault as a Class A misdemeanor, defining it as any non-consensual touching of the genitals or exposure of such body parts under circumstances intended to arouse or gratify sexual desire. The bill also ensures that if these offenses occur concurrently with others, individuals can be prosecuted under multiple statutes, enhancing legal accountability for potential offenders.

Contention

The bill, however, has also sparked discussions concerning its enforcement and effectiveness. Critics express concerns over potential ambiguity in the definition of indecent assault, fearing it may lead to challenges in prosecutions. Furthermore, while empowering victims through judicial protection is essential, there are apprehensions regarding the practical implementation of such protective orders and their effectiveness in preventing recidivism among offenders. The legal adjustments may redefine certain procedural norms in handling sexual assault cases, raising questions about the adequacy of resources and support systems for victims throughout the judicial process.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1975

Relating to increasing the criminal penalties for certain repeat sex offenders and to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of certain sexual and assaultive offenses.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX SB1527

Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.

TX HB3451

TX HB467

Relating to the limitations period for certain criminal offenses based on assaultive conduct.

TX SB1570

Relating to the limitations period for certain criminal offenses based on assaultive conduct.

TX HB1559

Relating to the prosecution of the offenses of indecency with a child and sexual assault.

TX HB3400

Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.

TX HB1004

Relating to the prosecution of the offenses of trafficking of persons and compelling prostitution and to certain consequences of those offenses.

TX HB1769

Relating to the statute of limitations for certain offenses committed against children.