Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3019 by Burkett (Relating to the prosecution for the offense of injury to a child, elderly individual, or disabled individual.), As Engrossed
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 injury to a child, elderly individual, or disabled individual. Under the provisions of the bill, an owner, operator, or employee of a boarding home would be eligible for punishment of prohibited behavior or criminal negligence as it relates to the offense of injury to a child, elderly individual, or disabled individual. The bill would also incorporate individuals with a mental illness into the definition of disabled individuals. The punishment levels for the offense of injury to a child, elderly individual, or disabled individual vary depending on the specific circumstances of the offense.
A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years; a second degree felony from 2 to 20 years; a third degree felony from 2 to 10 years; and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offenses are also subject to an optional fine not to exceed $10,000.
Expanding the list locations where a criminal penalty can be applied is expected to result in an increase in the demand for the correctional resources of the 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, 3,248 individuals were arrested, 735 were placed under felony community supervision, and 783 were admitted into state correctional institutions for the offense of injury to a child, elderly individual, or disabled individual 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.