Texas House Bill HB3561

Texas 2019 - 86th Regular

Caption

Relating to the creation of the criminal offense of continuous sexual assault.

Impact

If enacted, HB 3561 will significantly alter the landscape of Texas criminal law related to sexual offenses. The introduction of the continuous sexual assault offense means that offenders will face stricter penalties, as the legislation classifies this as a first-degree felony, punishable by up to life imprisonment or a term ranging from 25 to 99 years. Furthermore, the bill clarifies jury requirements, stating that juries do not need to agree on the specific acts that constitute the offense but must find agreement on the occurrence of two or more acts within the defined timeframe.

Summary

House Bill 3561 seeks to establish a new criminal offense for continuous sexual assault in the state of Texas. This legislation introduces a provision that allows for prosecution if an individual commits two or more acts of sexual assault within a span of 30 days, regardless of whether these acts are against one or multiple victims. The bill amends Chapter 22 of the Texas Penal Code to include this offense and aims to enhance legal frameworks surrounding sexual crimes, ensuring they are dealt with more effectively by law enforcement and the judiciary.

Contention

There are notable points of contention regarding HB 3561, particularly in terms of its implications for both victims and defendants. Proponents argue that the bill will provide better protections for victims by strengthening the penalties for sexual assault and enhancing prosecution capabilities. However, critics raise concerns about the potential for increased wrongful convictions, particularly given the lowered burden of proof required for jurors. They fear that this may lead to cases where individuals are unfairly convicted based on the broad interpretation of what constitutes continuous sexual assault.