Honorable Brandon Creighton, Chair, House Committee on State Sovereignty, Select
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB297 by Berman (Relating to certain federal health care legislation; imposing penalties.), As Introduced
The probable impact on the criminal justice system of implementing the provision of this bill cannot be determined at this time. U.S. Constitutional issues have yet to be determined.
The bill would amend the Government Code by making the enforcement or attempt to enforce the federal Patient Protection and Affordable Care Act (ACA) by an official, agent, or employee of the United States or an employee of a corporation providing services to the United States a state jail felony punishable by confinement for a term of not more than five years, a fine of not more than $5,000, or both. The bill would also making the enforcement or attempt to enforce the federal Patient Protection and Affordable Care Act (ACA) by public officers or employees of the state a Class A Misdemeanor offense punishable by confinement for a term of not more than two years, a fine of not more than $1,000, or both.