Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1773 by Cook (Relating to creating the criminal offenses of obtaining unneeded medical treatment by deception for a child, elderly individual, or disabled individual and continuous abuse of a child, elderly individual, or disabled individual.), As Introduced
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 unneeded medical 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. From fiscal year 2018 to 2020 17,600 people were arrested, 3,816 were placed under felony community supervision, and 2,948 were admitted into state correctional institutions for injury to a child, elderly individual, or disabled individual.
After removing those individuals who were already being punished at a higher offense category level and those who did not have two or more convictions for injury to a child, elderly individual, or disabled individual, from fiscal year 2018 to 2020, 51 individuals released from community supervision, and 68 released from state correctional facilities, 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 implementing 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.