Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB900 by Huffman (Relating to penalties for certain family violence offenses and for assultive offenses against certain persons; imposing court costs.), As Engrossed
The bill would amend various codes as they relate to the punishment for certain family violence offenses and for assaultive offenses against certain persons. Under the provisions of the bill, the punishment for certain assault family violence offenses would be enhanced to a second degree felony based on the number of prior convictions for certain offenses. The bill would also create the offense of continuous injury to a child, elderly individual, or disabled individual which would be punishable by a first degree felony.
Enhancing punishments and creating a new offense are expected to result in increased demands on the correctional resources of the counties or of the State due to longer terms of supervision in the community or longer terms within state correctional institutions. In fiscal year 2016, there were 297 individuals placed under felony and misdemeanor community supervision for assaultive offenses involving family violence whose punishment would increased to a second degree felony based on prior convictions for certain offenses. Based on sentencing patterns in the adult criminal justice system, the average length of supervision for 219 would be increased and 28 would be sentenced to a term of confinement within state correctional institutions. In fiscal year 2016, there were 460 individuals admitted into state correctional institutions for a third degree felony assaultive offenses involving family violence whose punishment under the provisions of the bill would be increased to a second degree felony based on the number of prior convictions for certain offenses. Based on sentencing patterns in the adult criminal justice system, the average length of stay for 448 within state correctional institutions would be slightly increased.
Assuming a time lag before the first individuals enter the criminal justice system and sentencing patterns and policies not addressed in the bill remain constant, the probable impact on adult correctional populations of implementing the provisions of the bill during each of the first five years following passage is estimated as follows:
Fiscal Year
Increase In Demand For TDCJ Prison Capacity
Increase In Felony Community Supervision Population