| TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB1012 by Hilderbran (Relating to the offense of abuse of a corpse and to the offense of criminal mischief in certain circumstances; providing a criminal penalty.), Committee Report 1st House, Substituted |
The bill would amend Section 42.08, Penal Code, to add to the actions that create the offense of Abuse of Corpse that of vandalizing, damaging, or treating in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest. The level of offense for Abuse of Corpse would be changed from a Class A misdemeanor to a state jail felony. If the conduct constituting this offense also constitutes an offense under another statute, the person may be prosecuted under either or both sections.
Under provisions of the bill, a court would be required to order restitution to be paid by a defendant convicted of an offense of Abuse of Corpse or a criminal mischief offense involving less than $20,000 in damage of a place of worship, burial place, public monument, or community center.
The bill would take effect June 1, 2005 if it receives the required two-thirds vote in each house; otherwise, it would take effect September 1, 2005. Provisions of the bill would apply only to an offense committed on or after the effective date.
Changes in levels of offenses from a Class A misdemeanor to a state jail felony could reduce the offender population in a county jail and could increase the population in a state jail; however, it is anticipated that the number of applicable offenses committed on average each year would not result in a significant change. Imposition of restitution, if successfully collected or if performed as community service, would help offset some of the costs associated with repairing damage cause by the applicable offenses.
| Source Agencies: |
| LBB Staff: | JOB, KJG, DLBa
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