Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB3006 by Hilderbran (Relating to certain requirements and limitations relating to a person's age, marital status, residency, and relations by consanguinity and affinity; providing criminal penalties.), Committee Report 1st House, Substituted
The bill would amend the Penal Code by enhancing the punishment by one class for the offense of sexual assault when the offense of bigamy is involved. The offense of prohibited sexual conduct would also be enhanced by one class if the son or daughter of the actor's aunt or uncle of the whole or half blood or by adoption is involved. The bill would also enhance the offense of bigamy from a Class A misdemeanor to a felony of the third degree. The offense would be further enhanced to a felony of the second degree if the person involved were 16 years of age. If the person were younger than 16 years of age the offense would be punishable as a felony of the first degree.
The bill would amend the Family Code relating to the minimum age requirements for parental consent of marriage, and conducting marriage ceremonies with minors whose marriage is prohibited by law.
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.
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.
A first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.
Enhancing the penalty for a criminal offense is expected to result in increased 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. Due to the small number of individuals that were placed on community supervision during fiscal year 2004 for the offense of bigamy, it is assumed that the number of persons convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies.