The provisions of the bill that are the subject of this analysis are those that create new or enhance punishment for criminal offenses.  Under the provision of the bill, Section 261.109, Family Code would enhance punishment from a Class B misdemeanor to a Class A misdemeanor and provide for additional penalty enhancement to that of a state jail felony if the child for whom abuse or neglect was not reported was a child with mental retardation who resided in a state supported living center, the ICF-MR component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the child had suffered serious bodily injury as a result of the abuse or neglect.  The bill would also amend Section 48.052, Human Resources Code, to provide for penalty enhancement from a Class A misdemeanor to a state jail felony if the person for whom abuse, neglect, or exploitation was not reported was a disabled person with mental retardation who resided in a state supported living center, the ICF-MR component of the Rio Grande State Center, or a facility licensed under Chapter 252, Health and Safety Code, and the actor knew that the disabled person had suffered serious bodily injury as a result of the abuse, neglect, or exploitation.  Under the provisions of the bill, the Penal Code would be amended to provide for penalty enhancement from a third degree to second degree felony if assault with bodily injury was committed intentionally or knowingly and the victim was an individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim.

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

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.  Any impact on the adult correctional population will likely be as a result of the provisions which allow for the penalty to be enhanced from that of a misdemeanor to a felony.  However, the number of offenders convicted under the provisions of the bill is not expected to result in increased demands upon state correctional agencies.