Texas 2019 - 86th Regular

Texas House Bill HB309

Caption

Relating to the creation of the criminal 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 bill would amend the Penal Code by adding the new offense of indecent assault, categorizing it as a Class A misdemeanor. Additionally, it introduces statutory provisions related to protective orders for victims, enabling not just the victims themselves but also guardians and attorneys to seek protection through the judicial system. Such measures could potentially lead to a significant shift in how sexual offenses are prosecuted and how victims are treated within the legal system in Texas.

Summary

House Bill 309 proposes the creation of the criminal offense of indecent assault, defining it as actions intended to arouse or gratify sexual desires without the consent of the victim. The bill also aims to enhance the judicial protections available to victims of such offenses. This legislation is an attempt to address the specific nuances of sexual crimes that may not have been adequately covered under existing laws, thereby closing gaps in victim protection.

Sentiment

Overall, the sentiment surrounding HB 309 appears to be in favor among advocates for victims' rights, as it aligns with the ongoing efforts to strengthen protections against sexual misconduct. Supporters argue that these changes are essential for creating a safer environment for individuals and for empowering victims to seek justice. However, concerns have been raised regarding the implications of increased legal definitions and potential ambiguities that could arise in enforcement.

Contention

Notable points of contention include the potential for vague legal language that may complicate prosecution or lead to conflicts in cases where actions might overlap with other offenses. Additionally, some critics argue that while protecting victims is paramount, the introduction of new classifications and potential penalties could unnecessarily burden the legal system or create challenges for defendants regarding their rights.

Companion Bills

TX SB194

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

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 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 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

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 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 HB505

Relating to the prosecution of and punishment for the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child; increasing criminal penalties.

TX HB1559

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

TX HB208

Relating to the punishment for certain controlled substance offenses committed in a drug-free zone; increasing criminal penalties.

Similar Bills

TX SB256

Relating to the confidentiality of home address information of certain victims of family violence, sexual assault or abuse, stalking, or trafficking of persons.

TX HB2222

Relating to the confidentiality of home address information of certain victims of family violence, sexual assault or abuse, stalking, or trafficking of persons.

CA AB2413

Tenancy: law enforcement and emergency assistance.

CA SB597

Human trafficking: victim confidentiality.

TX HB309

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.

TX SB194

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