HBA-BSM, NRS H.B. 22 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 22
By: Corte
Criminal Jurisprudence
4/12/2001
Introduced

BACKGROUND AND PURPOSE 

Childhood is a critical time in a person's development.  Sadly, there are
people in this world who abuse this vulnerability causing great
psychological and emotional damage to the children they abuse.  Some people
feel that the law should be tightened to create a greater deterrent against
the   sexual assault of children, especially because of the large number of
repeat offenders.  In 1991, 19 percent of those persons serving time in
state prisons for sexual assault had been on probation or parole at the
time of the offense for which they were arrested.  Under current Texas law,
the punishment for sexual assault, aggravated sexual assault, or indecency
with a child is a first or second degree felony.  Currently, an offender
who commits these crimes can serve as little as two years of the sentence
with a possibility of parole.   House Bill 22 makes sexual assault,
aggravated assault, or indecency with a child an offense in the first
degree punishable by life imprisonment without parole. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 22 amends the Penal Code to provide that a person who engages in
sexual contact with a child younger than 17 years who is not the person's
spouse, whether the child is of the same or opposite sex, commits an
offense punishable by imprisonment in the institutional division for life,
rather than a felony of the second degree. The bill provides that a person
commits an offense punishable by imprisonment in the institutional division
for life, rather than a felony of the second degree, if the person
intentionally or knowingly causes the  penetration of the anus or female
sexual organ of a child by any means, the penetration of the mouth of a
child by the sexual organ of the actor, the sexual organ of a child to
contact or penetrate the mouth, anus, or sexual organ of another person,
the anus of a child to contact the mouth, anus, or sexual organ of another
person, or the mouth of a child to contact the anus or sexual organ of
another person. The bill provides that a person commits an offense
punishable by imprisonment in the institutional division for life, rather
than a felony of the first degree, if the victim is younger than 14 years
of age. 

H.B. 22 amends the Government Code to provide that an inmate is not
eligible for release on parole if the inmate is serving a sentence for an
offense involving engaging in sexual contact with a child younger than 17
years who is not the person's spouse, intentionally or knowingly causing
the penetration of the anus or female sexual organ of a child by any means,
intentionally or knowingly causing the penetration of the mouth of a child
by the sexual organ of the actor, intentionally or knowingly causing the
sexual organ of a child to contact or penetrate the mouth, anus, or sexual
organ of another person, intentionally or knowingly causing the anus of a
child to contact the mouth, anus, or sexual organ of another person,
intentionally or knowingly causing the mouth of a child to contact the anus
or sexual organ of another person, or a victim younger than 14 years of
age. 

EFFECTIVE DATE

September 1, 2001.