Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB94 by Riddle (Relating to the punishment imposed on certain defendants charged with the offense of assault.), As Introduced
The bill would amend the Penal Code by expanding the list of assault offenses that are eligible to be enhanced from a Class A misdemeanor to a felony of the third degree for repeat offenders to include assault against a person whose relationship or association with a defendant is described as one of a dating relationship, as defined by Section 71.0021(b) of the Family Code.
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment.
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.
Enhancing the penalty for an offense from a Class A misdemeanor to a felony of the third degree represents a shift in responsibility from local government to the State in dealing with incarceration expenses. In the case of this bill, however, the increased workload and demand for State resources would probably not be substantial.