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 definition of abuse of a child. Under the provisions of the bill, the definition of abuse would be expanded to include certain circumstances involving puberty suppression prescription drugs, cross-sex hormones, surgeries, or other medical procedures for the purpose of child gender transitioning or reassignment as outlined in the bill. Under existing statute, a person commits a felony offense if they knowingly make a false report related to or fail to report child abuse or neglect under existing statute.

 

A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or a Class A misdemeanor punishment. In addition to confinement, most felonies are subject to 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.

Expanding the circumstances for which a criminal penalty is applied 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. There is a lack of data that would allow those cases involving certain prescription drugs, hormones, surgeries, or medical procedures for a child for the purpose of gender transitioning or reassignment to be isolated from all other cases. From fiscal years 2018 through 2020, on average,  fewer than ten people were arrested, placed onto community supervision, or incarcerated for knowingly making a false report or failing to report child abuse or neglect under existing statute. This analysis assumes 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.