The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Family Code as it relates to the duty to report child abuse and neglect. Under the provisions of the bill, a person who has reasonable cause to believe a child has been abused or neglected would make a report as outlined in the bill. Under current statute, failure to report child abuse or neglect is punishable as a Class A misdemeanor or state jail felony based on the specific circumstances of the offense.   

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. 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.

Narrowing the circumstances for an offense in certain circumstances is expected to result in fewer demands upon the correctional resources of counties or of the State due to a decrease in the number of individuals placed onto supervision in the community or sentenced to a term of confinement within state correctional institutions. 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 the state jail felony offense of failure to report child abuse or neglect 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.