| TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John Keel, Director, Legislative Budget Board |
| IN RE: | HB492 by Jones, Jesse (Relating to the prosecution and punishment of injury to a child, elderly individual, or disabled individual.), As Introduced |
The bill would amend the Penal Code by changing the definition of an elderly individual from a person 65 years of age or older to a person 60 years of age or older in relation to the offense of injury to a child, elderly individual, or disabled individual. The bill would also enhance the punishment for certain cases of this offense from a felony of the third degree to a felony of the second degree. Other cases of the offense of injury to a child, elderly individual, or disabled individual would be enhanced from a state jail felony to a felony of the third degree.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
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.
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. In the case of this bill, the increased workload and demand for resources would probably not be substantial.
| Source Agencies: | |
| LBB Staff: | JK, GG
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