TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	SB1324 by Nelson (Relating to enhancing penalties for assaulting a family member by strangulation or suffocation.), As Introduced

The bill would amend the Penal Code to increase the punishment of assault by strangulation or suffocation of a person whose relationship to the defendant is family member, household member, or dating relationship from a Class A misdemeanor to punishable as a felony of the third degree.  The offense would be punishable as a felony of the second degree if the defendant has a prior conviction of certain offenses against a family member, household member, or someone in a dating relationship with the defendant.
 
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 the number of times assault against a family member, household member, or someone in a dating relationship with the defendant occurred by strangulation or suffocation.