BILL ANALYSIS Senate Research Center H.B. 1730 88R8170 SHH-D By: Schaefer; Cook (Hughes) Criminal Justice 5/17/2023 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current law, the harshest penalty for indecent exposure in Texas is a Class B misdemeanor, regardless of how many times an individual may re-offend. A second conviction of indecent exposure is the only crime listed under the sex offender crime list that is not a felony. H.B. 1730 increases the penalty for a repeat offender with a second conviction of indecent exposure from a Class B misdemeanor to a Class A misdemeanor. It also raises the penalty for two or more convictions of indecent exposure to a state jail felony. H.B. 1730 amends current law relating to the punishment for the offense of indecent exposure and increases a criminal penalty. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 21.08(b), Penal Code, as follows: (b) Provides that an offense under Section 21.08 (Indecent Exposure) is a Class B misdemeanor, except that the offense is: (1) a Class A misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted one time of an offense under this section; and (2) a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2023.
BILL ANALYSIS
Senate Research Center H.B. 1730
88R8170 SHH-D By: Schaefer; Cook (Hughes)
Criminal Justice
5/17/2023
Engrossed
Senate Research Center
H.B. 1730
88R8170 SHH-D
By: Schaefer; Cook (Hughes)
Criminal Justice
5/17/2023
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, the harshest penalty for indecent exposure in Texas is a Class B misdemeanor, regardless of how many times an individual may re-offend.
A second conviction of indecent exposure is the only crime listed under the sex offender crime list that is not a felony.
H.B. 1730 increases the penalty for a repeat offender with a second conviction of indecent exposure from a Class B misdemeanor to a Class A misdemeanor. It also raises the penalty for two or more convictions of indecent exposure to a state jail felony.
H.B. 1730 amends current law relating to the punishment for the offense of indecent exposure and increases a criminal penalty.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 21.08(b), Penal Code, as follows:
(b) Provides that an offense under Section 21.08 (Indecent Exposure) is a Class B misdemeanor, except that the offense is:
(1) a Class A misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted one time of an offense under this section; and
(2) a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2023.