Honorable Jerry Madden, Chair, House Committee on Corrections
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB1095 by Menendez (Relating to the offense of harassment by persons in certain correctional facilities and to creating the offense of harassment of public servant. ), Committee Report 1st House, Substituted
The bill would amend the Penal Code by including the harassment of a public servant in the offense of harassment by persons in certain correctional or detention facilities. Under current law, the offense of harassment by persons in certain correctional facilities is punishable as a felony of the third degree. The bill would allow behavior associated with this offense to remain punishable as a felony of the third degree and would allow other behavior associated with the offense to be punishable as a Class A misdemeanor. However, if as a result of the offense, a person contracts HIV, hepatitis A, hepatitis B, tuberculosis, or any other disease designated as a reportable disease the offense would be punishable as a felony of the second degree. The offense would be punishable as a state jail felony if the actor knows or is aware but consciously disregards a substantial risk that the substance used to commit the offense is infected with a reportable disease.
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.
In cases where the penalty for the offense would be enhanced an increase in 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 is expected. In the case of this bill, the increased workload and demand for resources as a result of this bill would probably not be substantial.