| TO: | Honorable Richard Pena Raymond, Chair, House Committee on Human Services |
| FROM: | John S O'Brien, Director, Legislative Budget Board |
| IN RE: | HB253 by Hilderbran (Relating to the protection of children by ensuring reports of abuse or neglect, protecting children from abuse and neglect, ensuring that births are reported, and prosecuting 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 create new punishment or enhance existing punishment for criminal offenses. The bill would amend the Family Code, Code of Criminal Procedure, 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 and to the prosecution of the offense of bigamy; providing criminal penalties. The bill would make failure to report abuse or neglect by a professional as defined by Section 261.101 (b), Family Code, currently punishable as a Class A misdemeanor, punishable as a state jail felony. 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, currently punishable as a Class C misdemeanor, punishable as a Class A misdemeanor.
Under the provisions of the bill, the offense of bigamy, currently punishable as a third degree felony, would be punishable as a second degree felony if the person with whom the actor is married or appears to be married to is 17 years of age. The punishment for this offense would be enhanced to that of a first degree felony if the person with whom the actor is married or appears to be married to is 16 years of age or younger. In fiscal year 2010, less than five offenders were admitted to prison and less than five offenders were released from prison for the offense of bigamy. In fiscal year 2010, less than five offenders were under active parole supervision for the offense of bigamy. In fiscal year 2010, approximately 15 offenders were placed on community supervision and less than ten offenders were released from community supervision for the offense of bigamy. In fiscal year 2010, less than ten people were arrested for the offense of bigamy. The bill would also amend the Code of Criminal Procedure as it relates to the statute of limitations for the offense of bigamy.
A Class C Misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition; no confinement). A Class B Misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000.A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional 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 supervision in the community, or longer terms of confinement in county jail, state jail or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. However, in the case of this bill, it is expected that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.
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| LBB Staff: | JOB, LM, GG, ADM
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