Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1280 by Capriglione (Relating to prohibition of abortion; providing a civil penalty; creating a criminal offense.), As Engrossed
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Health and Safety Code to create the criminal offense of prohibited abortion. Under the provisions of the bill, a person may not knowingly perform, induce, or attempt an abortion except under the circumstances described by the bill. Under existing statute, knowingly performing a partial-birth abortion or intentionally performing a dismemberment abortion unless in a medical emergency is punishable as a state jail felony.
A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years and a second degree felony is punishable by confinement in prison for a term from 2 to 20 years. In addition to confinement, most felonies can be subject to an optional fine not to exceed $10,000.
Creating a new offense for which a criminal penalty is applied is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. Complete data are not available to identify the number of people who may perform, induce, or attempt an abortion according to the circumstances outlined in the bill. From fiscal years 2018 through 2020, fewer than ten people were arrested, placed onto felony direct community supervision, or admitted into a state correctional institution for performing a partial-birth or dismemberment abortion under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.