Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB148 by Toth (Relating to the limitations period for certain offenses involving dating or family violence.), 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 certain offenses involving family or dating violence to five years. The bill would not apply to an offense if the prosecution of that offense becomes barred by limitation before the effective date.
A first degree felony is punishable by confinement in prison for life or 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. In addition to confinement, these felonies are punishable by an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.
Extending 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. From fiscal years 2018 through 2020, 152,202 people were arrested, 20,362 people were placed under community supervision, and 7,356 people were admitted into a state correctional institution for assault against a person, as described in the bill, under the existing statute of limitations. From fiscal years 2018 through 2020, 2,739 people were arrested, 754 were placed onto community supervision, and 251 were admitted into a state correctional institution for continuous violence against the family under the existing statute of limitations. From fiscal years 2018 through 2020, 47,729 people were arrested, 6,831 were placed onto community supervision, and 7,318 were admitted into a state correctional institution for certain aggravated assault offenses under the existing statute of limitations. Data do not exist that would allow for all cases in which aggravated assault involved a person as described by the bill to be identified and isolated from all other aggravated assault cases. From fiscal year 2018 through 2020, fewer than ten people were arrested more than two years after the offense date for the misdemeanor offense delineated by the bill and 226 people were arrested more than 3 years after the offense date for the felony offenses delineated by the bill.
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.