The bill would amend the Penal Code as it relates to the prosecution of and punishment for the criminal offense of failure to report certain sexual offenses committed against a child. Under the provisions of the bill, the list of behaviors for the prosecution of this offense would be expanded, and the punishment would be a state jail felony with the punishment level increasing in severity depending upon the circumstances of the offense. Under existing statute, failure to stop or report aggravated sexual assault of a child is punishable by a Class A misdemeanor.
The Office of Court Administration, the Department of Family and Protective Services, and the Department of Public Safety indicate the modifications outlined in the bill's provisions would not result in a significant fiscal impact. The Comptroller of Public Accounts indicates the fiscal impact to the state cannot be estimated. This analysis assumes implementing the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional populations or the demand for state correctional resources.
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Lost revenue from reduced fines imposed and collected is not anticipated to have a significant fiscal impact.
No significant fiscal impact to units of local government is anticipated.