Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1723 by Lucio III (Relating to the penalties prescribed for a single violation or repeated violations of certain court orders or conditions of bond in a family violence case.), As Introduced
The bill would amend the Penal Code by creating the offense of repeated violation of certain court orders or conditions of bond in a family violence case, which would be punishable as a felony of the third degree. The offense would be committed if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes a violation of certain court orders or conditions of bond in a family violence case.
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.
Creating a 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 probation, or longer terms of confinement in county jails or prison. Although the number of times someone committed burglary of a habitation in which the person entered the habitation of a protected individual or the number of times a person engages two or more times in a 12-month period in conduct that constitutes an offense under violation of certain court orders or conditions of bond in a family violence case are unknown, it is assumed the number of offenders convicted under these statutes would not result in a significant impact on the programs and workload of State and local correctional agencies.