HCS HB 850 & 851 -- PENALTIES FOR SEXUAL OFFENSES (Hosmer)

This substitute allows persons to be convicted of forcible
sodomy, statutory sodomy, deviate sexual misconduct, and sexual
misconduct in the first degree if there is a sexual act
involving the genitals of a person and the hand of another
person and the other current statutory elements of the crime are
satisfied.  Currently, persons can only be convicted of these
crimes if there is a sexual act involving the genitals of a
person and the mouth, tongue, or anus of another person.

The substitute also eliminates a current provision allowing a
defendant to receive a reduction in the punishment for an
offense when the punishment is reduced by a statute enacted
after the offense was committed but before the defendant is
sentenced.

FISCAL NOTE:  No impact on state funds.

HCS HB 850 & 851 -- CRIMINAL PROSECUTION

SPONSOR:  Hosmer

COMMITTEE ACTION:  Voted "do pass" by the Committee on Criminal
Law by a vote of 16 to 0.

This substitute allows persons to be convicted of forcible
sodomy, statutory sodomy, deviate sexual misconduct, and sexual
misconduct in the first degree if there is a sexual act
involving the genitals of a person and the hand of another
person and the other current statutory elements of the crime are
satisfied.  Currently, persons can only be convicted of these
crimes if there is a sexual act involving the genitals of a
person and the mouth, tongue, or anus of another person.

The substitute also eliminates a current provision allowing a
defendant to receive a reduction in the punishment for an
offense when the punishment is reduced by a statute enacted
after the offense was committed but before the defendant is
sentenced.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters of HB 850 say that the bill would expand
the definition of deviate sexual intercourse to aid in
prosecution of sexual crimes such as sodomy and sexual
misconduct.

Supporters of HB 851 say that the bill is necessary to prevent
situations such as the early release of prisoners when the
punishment for the particular crime for which they were
incarcerated is changed in between the time the offense was
committed and sentencing.

Testifying for the bills was Representative Hosmer.

OPPONENTS:  There was no opposition voiced to the committee.

Sarah Madden, Legislative Analyst

HB 850 -- Deviate Sexual Intercourse

Co-Sponsors:  Hosmer, May (108), Gaw, Clayton, Kissell, Crump,
Foley, Luetkenhaus, Kreider, Smith, Davis (63)

This bill allows persons to be convicted of forcible sodomy,
statutory sodomy, deviate sexual misconduct, and sexual
misconduct in the first degree if there is a sexual act
involving the genitals of a person and the hand of another
person and the other current statutory elements of the crime are
satisfied. Currently, persons can only be convicted of these
crimes if there is a sexual act involving the genitals of a
person and the mouth, tongue, or anus of another person.