Lawmakers debate Senate amendment lowering maximum terms in bill barring sexual contact by adults in authority over students

Claire, counsel to the committee, summarized Senate amendments to House Bill 501 during the concurrence calendar on April 10, saying the changes ‘‘are mostly um reducing the maximum penalties.’’ The bill creates three tiered offenses that bar adults in a position of authority over students from sexual contact or activity.

Under the amended bill, conduct involving 16–17-year-olds remains a misdemeanor with a maximum penalty of one year. Claire said the amendment creates a felony for sexual activity involving a child under 13 and ‘‘the amendment is reducing the maximum penalty from for that from 15 to 10 years.’’ A third felony for repeat offenders would see its maximum reduced from 25 years to 20 years.

Delegate Arcan asked whether the measure covers school resource officers; Claire replied the bill ‘‘isn’t the school resource officer’’ bill and that separate legislation covers that role. She explained the covered person must be at least 21 and may be paid or a volunteer and that the bill applies to preschool, elementary and secondary schools, but ‘‘it only covers minors, which means under 18. Okay. So, this does not cover 18-year-old victims.’’

Delegate Conaway pressed counsel on the change from 15 to 10 years. Claire noted that under current law (citing code section 3-3-0-8, fourth-degree sex offense) many of these acts are misdemeanors punishable by up to one year, and that the Senate amendment would make certain conduct a felony punishable by up to 10 years ‘‘if the prosecution cannot prove force.’’ She added that force-based felonies remain available where force can be shown.

Delegate McConkey asked whether treatment and supervision for sexual offenders have improved enough to justify reducing maximum penalties. He said, ‘‘if the punishment and the treatment has improved so that they're not a danger, I'm okay with changing it, but if not ... I'd say just leave it the way it was, the 15 as opposed to the 10 and the 25 instead of the 20.’’ Counsel and staff said the bill record did not include comprehensive treatment outcomes and noted advocacy input in the file; members requested staff provide statutory comparison charts and any fiscal or treatment data before the committee votes.

A motion to concur with the Senate amendments was made and seconded earlier in the discussion, but the chair later said she had received additional material and would ‘‘absorb it’’ and the committee decided to hold House Bill 501 for a future vote session pending staff follow-up and comparison to other code provisions. The chair said the bill may be taken later the same day or at a subsequent floor session.

What happens next: Committee staff will produce statutory comparison charts and any available fiscal or treatment material requested by members. House Bill 501 was held for further review and no final concurrence vote was recorded in this session.