LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 23, 2007

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB130 by West, Royce (Relating to conduct that constitutes the offense of endangering a child.), As Introduced

The bill would amend the Penal Code relating to the offense of abandoning or endangering a child to include injected, ingested, inhaled, or otherwise introduced into the human body a controlled substance listed in Schedule I, as established by the commissioner of public health, in the presence of a child to conduct placing a child in imminent danger of death, bodily injury, or physical or mental impairment.  Abandoning or endangering a child by intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engaging in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment is punishable as a state jail felony. 

 

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.

 

Broadening the definition of the types of behavior punishable is expected to result in increased demands upon the correctional resources of counties or of the State due to an increase in offenses.  In fiscal year 2006 there were 191 offenders admitted to state jail for abandoning or endangering a child by criminal negligence, and in fiscal year 2005 there were 419 offenders placed on state jail felony community supervision for abandoning or endangering a child by criminal negligence.  It is expected that individuals who would be affected under the provision of this bill are currently being sentenced for other, possibly misdemeanor, offenses.  The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to the circumstances involved in the use of a controlled substance listed in Schedule I, as established by the commissioner of public health, in the presence of a child.


Source Agencies:
LBB Staff:
JOB, TM