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 assaultive offenses.  Under the provisions of the bill, in specific circumstances, providing false medical history to obtain treatment for a child, elderly individual, or disabled individual would be punishable as a third degree felony, and the continuous abuse of a child, elderly individual, or disabled individual would be punishable as a second degree felony.

A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000.  A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.

Creating a new offense is expected to result in additional demands upon the correctional resources of the counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to terms of confinement in state correctional institutions.  In fiscal year 2018, 4,586 people were arrested, 1,048 were placed under felony community supervision, and 876 were admitted into state correctional institutions for injury to a child, elderly individual, or disabled individual. After removing those individuals who were punished at a higher category level and those who did not have two or more convictions for injury to a child, elderly individual, or disabled individual, in fiscal year 2018, fewer than ten individuals released from community supervision and fewer than ten released from state correctional institutions, met the eligibility requirements under the provisions of the bill for prosecution under the proposed offense of continuous abuse of a child, elderly individual, or disabled individual. 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.