LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
April 22, 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:
HB1223 by VanDeaver (relating to the creation and enforcement of a criminal offense relating to interference with child custody and to the prosecution of child custody offenses.), Committee Report 1st House, Substituted

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to interference with child custody and to the prosecution and enforcement of child custody offenses.  Under the provisions of the bill, certain persons taking or retaining a child under 18 years of age would commit an offense in specific circumstances.

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment.

Expanding the list of behaviors for which a criminal penalty may be applied is expected to result in additional demands upon the correctional resources of counties and of the State due to an increase in individuals placed under supervision in the community or sentenced to a term of confinement in state correctional institutions.  In fiscal year 2018, 133 people were arrested, 15 were placed under felony community supervision, and fewer than ten were admitted into state correctional institutions for interference with child custody under existing statute.  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, DGi