LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
March 17, 2019

TO:
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB442 by Meyer (Relating to the statute of limitations for the offense of abandoning or endangering a child.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Code of Criminal Procedure to extend the statute of limitations for abandoning or endangering a child to ten years. The bill would not apply to an offense if the prosecution of that offense becomes barred by limitation before the effective date. The current statute of limitations for abandoning or endangering a child is five 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. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 or Class A misdemeanor punishment. In addition to confinement, these felonies are punishable by an optional fine not to exceed $10,000.
 
Increasing the statute of limitations is expected to result in additional demands on the correctional resources of the counties or of the State due to an increase in individuals placed under supervision in the community, sentenced to terms of confinement in state correctional institutions, or placed under parole supervision. In fiscal year 2018, 2,981 people were arrested, 2,042 were placed on felony direct community supervision, and 294 were incarcerated in state correctional institutions for abandoning or endangering a child offenses under the existing statute of limitations. In fiscal year 2018, fewer than ten people were arrested more than five years after offense date. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.








Source Agencies:
LBB Staff:
WP, LM, SPa