Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB2066 by Gallego (Relating to enhancing penalties for assaulting a family member by strangulation or suffocation.), Committee Report 2nd House, Substituted
The bill would amend the Penal Code to increase the punishment of assault if committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth from a Class A misdemeanor to a felony of the third degree. The offense would be punishable as a felony of the second degree if: the offense is committed against a family member, household member, or someone in a dating relationship with the defendant; it is shown at the trial that the defendant has been previously convicted of certain violent offenses; and the offense is committed by impeding the normal breathing or circulation of the blood of the person. The bill provides that if conduct constituting the offense of assault also constitutes an offense under another law, the actor may be prosecuted under either law or under both laws.
A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.
A felony of the third degree 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 felony of the second degree 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.
In fiscal year 2008, approximately 1,200 offenders were admitted to prison and state jail for assault of a person whose relationship to the defendant is family member, household member, or dating relationship. There were approximately 600 offenders placed on felony community supervision and approximately 3,500 offenders placed on misdemeanor community supervision in fiscal year 2008 for assault of a person whose relationship to the defendant is family member, household member, or dating relationship. The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to offenses committed by impeding the normal breathing or circulation of the blood of the person by applying pressure to a person’s throat or neck or by blocking the person’s nose or mouth.