BILL ANALYSIS C.S.H.B. 380 By: Guillen Criminal Jurisprudence Committee Report (Substituted) BACKGROUND AND PURPOSE State law does not require a person who receives a conviction or an adjudication based on an offense of improper relationship between an educator and student to register under the sex offender registration program. The bill's author has informed the committee that there is a need for accountability for educators who engage in such conduct, as they are placed in positions of authority and this behavior undermines the trust placed in teachers and endangers students. C.S.H.B. 380 aims to address this issue by closing the gap in the current law and ensuring that individuals convicted of improper relationships between educators and students are subject to the same registration requirements as other sex offenders. Additionally, C.S.H.B. 380 seeks to further enhance public safety and ensure that those convicted of this offense face consequences for their actions by establishing a 10 year statute of limitation for the offense of improper relationship between an educator and student. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 380 amends the Code of Criminal Procedure to set the statute of limitations for the offense of improper relationship between an educator and student at 10 years from the date of the commission of the offense. This provision does not apply to an offense if the prosecution of that offense becomes barred by limitation before the bill's effective date, and the prosecution of that offense remains barred as if the bill had not taken effect C.S.H.B. 380 includes such an offense among the offenses for which a reportable conviction or adjudication requires a person to register under the sex offender registration program. This provision applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. EFFECTIVE DATE September 1, 2025. COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 380 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute includes a provision absent from the introduced setting the statute of limitations for the offense of improper relationship between an educator and student at 10 years from the date of the commission of the offense. Accordingly, the substitute includes a procedural provision absent from the introduced establishing that the provision does expressly not apply to an offense if the prosecution for that offense becomes barred by limitation before the bill's effective date and that the prosecution of that offense remains barred as if the bill had not taken effect. While the introduced included the offense of child grooming among the offenses for which a reportable conviction or adjudication requires a person to register under the sex offender registration program, the substitute does not.
BILL ANALYSIS
# BILL ANALYSIS
C.S.H.B. 380
By: Guillen
Criminal Jurisprudence
Committee Report (Substituted)
C.S.H.B. 380
By: Guillen
Criminal Jurisprudence
Committee Report (Substituted)
BACKGROUND AND PURPOSE State law does not require a person who receives a conviction or an adjudication based on an offense of improper relationship between an educator and student to register under the sex offender registration program. The bill's author has informed the committee that there is a need for accountability for educators who engage in such conduct, as they are placed in positions of authority and this behavior undermines the trust placed in teachers and endangers students. C.S.H.B. 380 aims to address this issue by closing the gap in the current law and ensuring that individuals convicted of improper relationships between educators and students are subject to the same registration requirements as other sex offenders. Additionally, C.S.H.B. 380 seeks to further enhance public safety and ensure that those convicted of this offense face consequences for their actions by establishing a 10 year statute of limitation for the offense of improper relationship between an educator and student.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS C.S.H.B. 380 amends the Code of Criminal Procedure to set the statute of limitations for the offense of improper relationship between an educator and student at 10 years from the date of the commission of the offense. This provision does not apply to an offense if the prosecution of that offense becomes barred by limitation before the bill's effective date, and the prosecution of that offense remains barred as if the bill had not taken effect C.S.H.B. 380 includes such an offense among the offenses for which a reportable conviction or adjudication requires a person to register under the sex offender registration program. This provision applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE While C.S.H.B. 380 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill. The substitute includes a provision absent from the introduced setting the statute of limitations for the offense of improper relationship between an educator and student at 10 years from the date of the commission of the offense. Accordingly, the substitute includes a procedural provision absent from the introduced establishing that the provision does expressly not apply to an offense if the prosecution for that offense becomes barred by limitation before the bill's effective date and that the prosecution of that offense remains barred as if the bill had not taken effect. While the introduced included the offense of child grooming among the offenses for which a reportable conviction or adjudication requires a person to register under the sex offender registration program, the substitute does not.
BACKGROUND AND PURPOSE
State law does not require a person who receives a conviction or an adjudication based on an offense of improper relationship between an educator and student to register under the sex offender registration program. The bill's author has informed the committee that there is a need for accountability for educators who engage in such conduct, as they are placed in positions of authority and this behavior undermines the trust placed in teachers and endangers students. C.S.H.B. 380 aims to address this issue by closing the gap in the current law and ensuring that individuals convicted of improper relationships between educators and students are subject to the same registration requirements as other sex offenders. Additionally, C.S.H.B. 380 seeks to further enhance public safety and ensure that those convicted of this offense face consequences for their actions by establishing a 10 year statute of limitation for the offense of improper relationship between an educator and student.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
C.S.H.B. 380 amends the Code of Criminal Procedure to set the statute of limitations for the offense of improper relationship between an educator and student at 10 years from the date of the commission of the offense. This provision does not apply to an offense if the prosecution of that offense becomes barred by limitation before the bill's effective date, and the prosecution of that offense remains barred as if the bill had not taken effect
C.S.H.B. 380 includes such an offense among the offenses for which a reportable conviction or adjudication requires a person to register under the sex offender registration program. This provision applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE
September 1, 2025.
COMPARISON OF INTRODUCED AND SUBSTITUTE
While C.S.H.B. 380 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.
The substitute includes a provision absent from the introduced setting the statute of limitations for the offense of improper relationship between an educator and student at 10 years from the date of the commission of the offense. Accordingly, the substitute includes a procedural provision absent from the introduced establishing that the provision does expressly not apply to an offense if the prosecution for that offense becomes barred by limitation before the bill's effective date and that the prosecution of that offense remains barred as if the bill had not taken effect.
While the introduced included the offense of child grooming among the offenses for which a reportable conviction or adjudication requires a person to register under the sex offender registration program, the substitute does not.