Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
John S O'Brien, Director, Legislative Budget Board
HB3439 by Raymond (Relating to missing children; providing a criminal penalty. ), Committee Report 1st House, Substituted
The bill would amend the Code of Criminal Procedure and the Penal Code related to missing children. The provisions of the bill that enhance existing punishment or create new punishment for criminal offenses are the subject of this analysis. The bill would expand the offense of interference with child custody to include taking a child outside of the country with the intent of preventing access to the child to a person entitled to possession or access to the child, under certain circumstances. Under the provisions of the bill, taking or retaining a child younger than 18 years of age outside the United States with the intent to deprive a person entitled to possession of or access to the child without permission, under certain circumstances, would be a state jail felony.
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).
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.