| TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John Keel, Director, Legislative Budget Board |
| IN RE: | HB59 by Wise (Relating to the prosecution of and punishment for the offenses of kidnapping and aggravated kidnapping.), As Introduced |
The bill would amend the Penal Code by enhancing the punishment for the offense of kidnapping from a felony of the third degree to a felony of the second degree if the actor exposed the person abducted to a risk of bodily injury. The bill would also amend the Penal Code by further defining the conditions that constitute the offense of aggravated kidnapping. The offense of aggravated kidnapping is punishable as a felony of the first degree unless the defendant proves that the victim was released in a safe place in which case the offense is a felony of the second degree.
A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
A first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.
It is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies. In addition, under current law and policy, and under the proposed bill, the average time served in prison by many persons likely to be affected by the provisions of this bill is greater than five years.| Source Agencies: | |
| LBB Staff: | JK, GG
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