2007 House Bill 5041

Revise prisoner/corrections staffer sex law

Introduced in the House

July 19, 2007

Introduced by Rep. Mark Meadows (D-69)

To revise the definition of second degree criminal sexual contact (CSC 2) that applies to sex between a county jail prisoner or probationer and a county or state corrections employee or contractor. Under current law, this is by definition CSC 2, regardless of the context or circumstances. The bill would change this to require that the corrections worker have used his or her position of authority over the victim to coerce the victim to submit.

Referred to the Committee on Judiciary

Jan. 30, 2008

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Feb. 27, 2008

Substitute offered

To replace the previous version of the bill with one that would clarify that only acts in which the actor used his or her position to gain access to, coerce, or otherwise encourage a relationship would fall under the provision. This version was bypassed in favor of another substitute that further tightens the language.

The substitute failed by voice vote

Substitute offered by Rep. Mark Meadows (D-69)

To replace the previous version of the bill with one that would furhter tighten the language to apply in cases in which the actor had sexual contact with a prisoner or who used "his or her position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact during any term of supervision".

The substitute passed by voice vote

Passed in the House 108 to 0 (details)

Received in the Senate

Feb. 28, 2008

Referred to the Committee on Judiciary

Dec. 11, 2008

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.