LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 27, 2009

TO:
Honorable Patrick M. Rose, Chair, House Committee on Human Services
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB4255 by Hilderbran (Relating to the protection of children by enforcing compulsory public school attendance requirements, ensuring reports of abuse or neglect, protecting children from abuse and neglect, and ensuring that births are reported and to the prosecution of the offense of bigamy; providing criminal penalties.), Committee Report 1st House, Substituted

The provisions of the bill that are the subject of this analysis would amend the Family Code, Code of Criminal Procedure, Education Code, and Health and Safety Code as they relate to the protection of children by ensuring reports of abuse or neglect, protecting children from abuse and neglect, and ensuring that births are reported.  The bill would amend the Education Code making contributing to nonattendance by a parent, currently punishable as a Class C misdemeanor, punishable as a Class A misdemeanor and provide for enhancement to a third degree felony on subsequent conviction.  Failure to obey a court order under Section 25.093, Education Code would result in a fine up to $1,000, up to six months confinement in county jail, or both fine and confinement.   The bill would also make failure to attend school, currently a Class C misdemeanor, punishable as a Class B misdemeanor.  The bill would make failure to report abuse or neglect, currently a Class B misdemeanor, punishable as a Class A misdemeanor if the defendant has been previously convicted of failing to report abuse or neglect.  Failure to report abuse or neglect by a professional as defined by Section 261.101 (b), Family Code, currently punishable as a Class B misdemeanor, would now be punishable as a Class A misdemeanor and would be enhanced to a state jail felony if the person has been previously convicted under this section.   The bill would also amend the Health and Safety Code making failure to report a birth as required by Section 192.003, Health and Safety Code punishable as a Class A misdemeanor.  Under the provisions of the bill, bigamy would be punishable as a second degree felony if the offender is 17 years of age or younger and the person with whom the offender is married or appears to be married to is 17 years of age or younger.  The punishment would be enhanced to that of a first degree felony if the offender is 18 years of age or older and the person with whom the offender is married or appears to be married to is 17 years of age or younger.  The bill would also amend the Code of Criminal Procedure as it relates to the statute of limitations for sexual assault, sexual assault of a child, aggravated sexual assault of a child, and bigamy.

o     A Class C Misdemeanor is punishable by a fine not to exceed $500.

o     A Class B Misdemeanor is punishable by confinement in a county jail for any term of not more than 180days, or, in addition to confinement, a fine not to exceed $2,000.

o    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.

o    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.

o    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.

o    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.

o    A felony of the first degree is punishable by imprisonment in the institutional division for any term of not more than 99 years or less than 5 years, or, in addition to confinement, a fine not to exceed $10,000.

Enhancing punishment for criminal behavior is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison.  However, the number of offenders convicted under the provisions of the bill is not expected to result in increased demands upon the correctional resources of counties or of the State.



Source Agencies:
LBB Staff:
JOB, GG, LM