Honorable Suzanna Gratia Hupp, Chair, House Committee on Human Services
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB877 by Talton (Relating to certain complaints and records with respect to certain child-care facilities and family homes; providing a criminal penalty.), As Introduced
The provision of the bill that is the subject of this analysis would amend the Penal Code by making the offense of knowingly or intentionally filing a false complaint against a child-care facility or registered family home for failure to comply with the Department of Family and Protective Services’ minimum standards a Class A misdemeanor, unless it is shown at the trial of the offense that the offender has been previously convicted of this offense, in which case it is a state jail felony.
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 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.
When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. In the case of this bill, the increased workload and demand for resources would probably not be substantial.