HBA-LJP H.B. 360 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 360
By: Wise
Juvenile Justice & Family Issues
6/13/2001
Enrolled



BACKGROUND AND PURPOSE 

Some children are sexually victimized by engaging in prostitution,
pornography, and live sexual performances.  Sexually abused children are
likely to suffer emotionally as a result of their victimization. Prior to
the 77th Legislature, "abuse" included a person compelling, encouraging, or
permitting child pornography or the sexual conduct of a child.  House Bill
360 expands the definition of "abuse" to include sexual performance by a
child and other conduct that is considered harmful to a child's mental,
emotional, or physical welfare. 

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 360 amends the Family Code to include the following acts and
omissions by a person in the definition of "abuse": causing, permitting,
encouraging, engaging in, or allowing a performance that includes sexual
conduct by a child younger than 18 years old.  The bill also provides that
conduct which constitutes the offense of indecency with a child, sexual
assault, or aggravated sexual assault is sexual conduct that is harmful to
a child's mental, emotional, or physical welfare and is considered "abuse." 

EFFECTIVE DATE

September 1, 2001.