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 the criminal offense of failure to stop or report certain sexual offenses committed against a child. Under the provisions of the bill, the offense of both failing to report certain sexual offenses against a child, and hindering the investigation or prosecution of these offenses, would be punishable as a second or third degree felony, depending on the circumstances of the offense. Under existing statute, failure to stop or report aggravated sexual assault of a child is punishable as a Class A misdemeanor.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years, and a third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felonies have 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.
Increasing the penalty for an offense 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. From fiscal year 2018 to 2020, 100 people were arrested, fewer than 10 were placed on direct community supervision, and none were admitted to a state correctional institution for failure to stop or report aggravated sexual assault of a child offenses 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.