BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 877

80R1408 SLO-D                                                                                                               By: Seliger

                                                                                                                                   Criminal Justice

                                                                                                                                            4/14/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, a person who knowingly or intentionally causes serious bodily injury or serious mental deficiency, impairment, or injury to a child commits a first degree felony, which carries a punishment of five to 99 years incarceration and a fine of up to $10,000. These represent the most serious cases of child abuse. However, due to the classification of these offenses under current law, these offenders are serving little of their sentences.

 

As proposed, S.B. 877 classifies the offense of "injury to a child" as an offense under Section 42.12(3)g (Limitations on Judge Ordered Community Supervision), Code of Criminal Procedure. This classification is for the most violent offenses and requires that an offender serve the lesser of half of the sentence or 30 years before becoming eligible for parole.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 3g(a), Article 42.12, Code of Criminal Procedure, to provide that the provisions of Section 3 (Judge Ordered Community Supervision) of this article do not apply to certain offenses, including an offense under Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code, if the offense is punishable as a first-degree felony and the victim is a child.

 

SECTION 2.  Amends Section 508.145(d), Government Code, to make conforming changes.

 

SECTION 3.  Makes application of this Act prospective.

 

SECTION 4.  Effective date: September 1, 2007.