Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB1466 by Hamilton (Relating to the punishment for the offense of harboring a runaway child.), As Introduced
The bill would amend the Penal Code by enhancing the offense of harboring a runaway child from a Class A misdemeanor to a felony of the third degree if, at the time of the offense, the actor was required to register as a sex offender. The change in law made by this Act would apply only to an offense committed on or after the effective date of the Act. The Act would take effect September 1, 2005.
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.
Increasing 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 and is expected to result in increased demands upon the correctional resources of the State due to longer terms of probation or longer terms of confinement in prison. In the case of this bill, however, the increased workload and demand for resources would probably not be substantial.