LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
85TH LEGISLATIVE REGULAR SESSION
 
May 10, 2017

TO:
Honorable Joan Huffman, Chair, Senate Committee on State Affairs
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB834 by Parker (Relating to regulating the custody transfer of an adopted child; creating a criminal offense.), As Engrossed

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code and Family Code as they relate to the punishment for certain offenses involving the adoption of a child. Under the provisions of the bill, the circumstances for the offense of advertising for the placement of a child for adoption would be expanded. This offense is punishable as a Class A misdemeanor or third degree felony, depending upon the specific circumstances of the offense. The bill also creates a criminal offense for unregulated custody transfer of an adopted child, which would be punishable by a second or third degree felony, depending upon the circumstances.

A second degree felony is punishable by confinement in prison for a term of 2 to 20 years and a third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.

Creating a criminal offense and expanding the list of behaviors for which a criminal penalty is applied are expected to result in increased demands on the correctional resources of counties or of the State due to a potential increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2016, fewer than 10 individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for the offense of advertising for the placement of a child under existing statute. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.


Source Agencies:
LBB Staff:
UP, LM, JPo