Honorable David Dewhurst, Lieutenant Governor, Senate
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
SB91 by Hinojosa (Relating to the punishment imposed on certain defendants charged with the offense of assault. ), As Passed 2nd House
The bill would amend the Penal Code by further specifying the conditions for which the offense of assault is punishable as a felony of the third degree. Currently, the offense of assault is punishable as a Class A misdemeanor unless the offense is committed against certain individuals, described in the Penal Code, in which case the offense would be punishable as a felony of the third degree. It is assumed that this provision would not result in a significant number of additional convictions punishable as third degree felons.
The bill would also amend the Penal Code by adding to the conditions for which the offense of aggravated assault is punishable as a felony of the first degree. Currently, the offense of aggravated assault is punishable as a felony of the second degree or a felony of the second degree depending on the conditions of the offense. The bill would include aggravated assault committed with a deadly weapon and causing serious bodily injury to a person when the violence involves relationships defined by the Family Code as dating violence, a family, or a household, as being punishable as a felony of the first degree.
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.
For fiscal year 2004, the Texas Department of Criminal Justice (TDCJ) admitted 2,481 offenders for aggravated assault punishable as a felony of the second degree and 254 offenders for aggravated assault punishable as a felony of the first degree. The number of offenders whose punishment could be enhanced from a second degree to a felony of the first degree by this bill is unknown but could be significant. However, since the bill would only apply to offenses committed after September 1, 2005 and since many of these offenders are currently serving five years prior to release, the impact from this provision is not likely to be significant for the first five years following passage of the bill.