The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to child abuse and abandoning or endangering a child. Under the provisions of the bill, the definition of abuse would be modified and the circumstances for the offense of abandoning or endangering a child would be expanded to include a person who involves puberty suppression prescription drugs, cross-sex hormones, or surgery for the purpose of child gender transitioning or reassignment as outlined in the bill. Abandoning or endangering a child as described in the bill would be punishable as a state jail felony.
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.
Expanding the circumstances for a criminal offense is expected to result in additional demands on the correctional resources of the counties and of the State due to an increase in individuals placed under supervision in the community or sentenced to terms of confinement within state correctional institutions. Whether the bill would have a significant population impact is indeterminate due to the lack of data that would allow those cases in which the actor involved certain prescription drugs, hormones, or surgery for a child for the purpose of gender transitioning or reassignment to be isolated from all other cases. From fiscal years 2018 through 2020, an average of 1,502 people were arrested, 402 people were placed onto felony direct community supervision, and 192 people were incarcerated for the state jail felony offense of abandoning or endangering a child under existing statute. The impact on state correctional populations or on the demand for state correctional resources as a result of implementing the provisions of the bill cannot be determined at this time.