Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB2240 by Lewis (Relating to creating the offense of continuous violence against the family. ), Committee Report 1st House, Substituted
The bill would amend the Penal Code by creating the offense of continuous violence against the family. The offense would be punishable as a felony of the third degree. The bill would also amend the Penal Code by making the offense of assault punishable as a felony of the third degree if it is shown on the offense that the defendant has been previously convicted of the newly created offense of continuous violence against the family.
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.
The impact of the bill on correctional populations would depend on how many persons would be prosecuted under the provision of the bill, and the extent to which punishment would be enhanced under the proposed statute compared to existing statute. It is assumed that the number of persons convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies. It is expected individuals who would be affected under the provisions of the bill are currently being sentenced for other, possibly lesser felony, offenses.