LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 12, 2021 TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB302 by Collier (Relating to the prosecution of the offense of sexual assault.), As Introduced Expanding the circumstances for a criminal offense is expected to result in additional demands on the correctional resources of the State. The probable fiscal impact of implementing the bill is indeterminate due to the lack of data that would allow cases to be identified as nonconsensual as specified under the provisions of the bill. These data are necessary to identify those cases that would be eligible for prosecution as sexual assault from all other cases. The bill would amend the Penal Code as it relates to the prosecution of the offense of sexual assault. Under the provisions of the bill, a sexual assault would include certain nonconsensual behavior. Sexual assault as described in the bill is currently punishable as a second degree felony. Expanding the circumstances for a criminal offense is expected to result in additional demands on the correctional resources of the counties and of the State due to an increase in individuals placed under supervision in the community or sentenced to terms of confinement within state correctional institutions. Whether the bill would have a significant fiscal impact is indeterminate due to the lack of data that would allow those cases in which the actor knew the victim was intoxicated, knew consent had been withdrawn, or was the caregiver hired to assist the individual to be isolated from all other cases. The Office of Court Administration indicates the modifications outlined in the bill's provisions would not result in a significant fiscal impact. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin, 696 Department of Criminal Justice LBB Staff: b > td > JMc, DKN, LM, SPA
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 12, 2021
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB302 by Collier (Relating to the prosecution of the offense of sexual assault.), As Introduced
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB302 by Collier (Relating to the prosecution of the offense of sexual assault.), As Introduced
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB302 by Collier (Relating to the prosecution of the offense of sexual assault.), As Introduced
HB302 by Collier (Relating to the prosecution of the offense of sexual assault.), As Introduced
Expanding the circumstances for a criminal offense is expected to result in additional demands on the correctional resources of the State. The probable fiscal impact of implementing the bill is indeterminate due to the lack of data that would allow cases to be identified as nonconsensual as specified under the provisions of the bill. These data are necessary to identify those cases that would be eligible for prosecution as sexual assault from all other cases.
Expanding the circumstances for a criminal offense is expected to result in additional demands on the correctional resources of the State. The probable fiscal impact of implementing the bill is indeterminate due to the lack of data that would allow cases to be identified as nonconsensual as specified under the provisions of the bill. These data are necessary to identify those cases that would be eligible for prosecution as sexual assault from all other cases.
The bill would amend the Penal Code as it relates to the prosecution of the offense of sexual assault. Under the provisions of the bill, a sexual assault would include certain nonconsensual behavior. Sexual assault as described in the bill is currently punishable as a second degree felony. Expanding the circumstances for a criminal offense is expected to result in additional demands on the correctional resources of the counties and of the State due to an increase in individuals placed under supervision in the community or sentenced to terms of confinement within state correctional institutions. Whether the bill would have a significant fiscal impact is indeterminate due to the lack of data that would allow those cases in which the actor knew the victim was intoxicated, knew consent had been withdrawn, or was the caregiver hired to assist the individual to be isolated from all other cases. The Office of Court Administration indicates the modifications outlined in the bill's provisions would not result in a significant fiscal impact.
The bill would amend the Penal Code as it relates to the prosecution of the offense of sexual assault. Under the provisions of the bill, a sexual assault would include certain nonconsensual behavior. Sexual assault as described in the bill is currently punishable as a second degree felony.
Expanding the circumstances for a criminal offense is expected to result in additional demands on the correctional resources of the counties and of the State due to an increase in individuals placed under supervision in the community or sentenced to terms of confinement within state correctional institutions. Whether the bill would have a significant fiscal impact is indeterminate due to the lack of data that would allow those cases in which the actor knew the victim was intoxicated, knew consent had been withdrawn, or was the caregiver hired to assist the individual to be isolated from all other cases. The Office of Court Administration indicates the modifications outlined in the bill's provisions would not result in a significant fiscal impact.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin, 696 Department of Criminal Justice
212 Office of Court Admin, 696 Department of Criminal Justice
LBB Staff: b > td > JMc, DKN, LM, SPA
JMc, DKN, LM, SPA