Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB1388 by Leibowitz (Relating to the punishment of the offense of assault committed by a person against the person's family or household members.), As Introduced
The bill would amend the Penal Code by specifying the conditions that must be met to elevate the punishment for the offense of assault to a felony of the third degree. The offense of assault is punishable as either a Class A misdemeanor, a state jail felony, or a third degree felony, depending on the conditions of the offense.
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.
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.
It is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies for the first five years following passage.