Honorable Richard Pena Raymond, Chair, House Committee on Human Services
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB2483 by Pena (Relating to certain do-not-resuscitate orders and advance directives; providing penalties.), As Introduced
The bill would amend the Health and safety Code as it relates to certain do-not-resuscitate orders and advance directives. The provisions of the bill that create new punishment or enhance existing punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, a physician who knowingly executes an out-of-hospital DNR order that is not in compliance with the provisions of the out-of-hospital do-not-resuscitate orders subchapter of the Health and Safety Code would commit a third degree felony. Under current statute, a person commits Class A Misdemeanor if the person intentionally conceals, cancels, defaces, obliterates, or damages another person's out-of-hospital DNR order or DNR identification device without that person's consent or the consent of the person or persons authorized to execute or issue an out-of-hospital DNR order on behalf of the person under the out-of-hospital do-not-resuscitate orders subchapter of the Health and Safety Code.
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.
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. For this analysis, it is assumed 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.