The bill would amend the Penal Code to repeal Section 22.015 and move the offense of threatening a child with imminent bodily injury or causing bodily injury to a child with the intent to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang to Section 71.022 of the Penal Code renamed Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang.  The bill would increase the punishment for threatening a child with imminent bodily injury from a state jail felony to a felony of the third degree.  The bill would make a second or subsequent offense of threatening or causing bodily injury punishable as a felony of the second degree.

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.
 
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.

Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of community supervision, or, longer terms of confinement in county jails or prison.  A review of Texas Department of Criminal Justice community supervision and incarceration data indicate less than 10 people per year would be affected by the provisions of the bill.  Assuming the same number of offenders in future years, implementation of the provisions of the bill is not expected to have a significant impact on programs and workload of state corrections agencies or on the demand for resources and services of those agencies.