Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3301 by Gervin-Hawkins (relating to the imposition of consecutive sentences for more than one criminal offense of injury to a child, elderly individual, or disabled individual arising out of the same criminal episode.), Committee Report 1st House, Substituted
The bill would amend the Penal Code as it relates to the imposition of consecutive sentences for more than one criminal offense of injury to a child, elderly individual, or disabled individual. Under the provisions of the bill, an accused individual found guilty of multiple offenses related to injury to a child, elderly individual, or disabled individual arising out of the same criminal episode would be added to the list of offenses for which an individual can be sentenced to serve consecutive sentences under certain circumstances. Under existing statute only certain injury to a child, elderly individual, or disabled individual offenses are eligible for the imposition of consecutive sentences. Injury to a child, elderly individual, or disabled individual is punished at the felony level with the severity of the punishment based on the specific circumstances of the offense. A first degree felony is punishable by confinement in prison for life or for a term from 5 to 99 years; a second degree felony is punishable by confinement in prison for a term from 2 to 20 years; a third degree felony is punishable by confinement in prison for a term 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 subject to an optional fine not to exceed $10,000.
Expanding the list of offenses eligible for the imposition of consecutive sentences is expected to result in increased demands on the correctional resources of the counties or of the State due to a potential increase in the length of supervision for individuals placed under supervision in the community or a potential increase in the length of sentence for individuals sentenced to a term of confinement within state correctional institutions. In fiscal year 2016, 3,068 individuals were arrested, 726 were placed under felony community supervision, and 775 were admitted into state correctional institutions for offenses related to the bodily injury of a child, elderly individual, or disabled individual under existing statute. After reviewing the offense history of eligible individuals, 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.