LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
April 14, 2015

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB2589 by Phelan (Relating to the prosecution of and punishment for assaulting a disabled individual; increasing a criminal penalty.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the offense of aggravated sexual assault. The bill would create a separate subdivision for and provide a definition of disabled individuals. Aggravated sexual assault is a first degree felony and in certain circumstances provides for a minimum term of confinement. 

A first degree felony is punishable by confinement in prison for life or 5 to 99 years and an optional fine not to exceed $10,000.

Setting a minimum term of confinement for an offense is expected to increase demands on state correctional agency resources. In fiscal year 2014, 32 people were arrested, fewer than 10 were placed under felony community supervision, and 18 were admitted into state correctional institutions for aggravated sexual assault of an elderly or disabled individual. Data that would allow the identification of those cases in which the victim was a disabled individual and met the requirements for a minimum term of confinement as outlined in the provisions of the bill are not available. However, this analysis assumes the provisions of the bill would not result in a significant impact on state correctional populations, programs, or workloads.









Source Agencies:
LBB Staff:
UP, KJo, LM