Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2073 by Hull (Relating to increasing the criminal penalty for certain violations of certain court orders or conditions of bond in cases involving family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking.), As Engrossed
The bill would increase the criminal penalty for the offense of violating certain court orders or conditions of bond in cases involving family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking from a Class A misdemeanor to a state jail felony if it shown at trial that the defendant committed the violation while possessing a deadly weapon.
The bill would furthermore increase the criminal penalty for the offense of repeated violation of certain court orders or conditions of bond in cases involving family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking from a third degree felony to a second degree felony if it shown at trial that at least one time the person engaged in the violation while possessing a deadly weapon.
Increasing the penalty for existing offenses may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
In fiscal year 2024, there were 6,765 arrests, 2 referrals, 333 placements onto adult community supervision, 9 individuals admitted into an adult state correctional institution, and no individuals admitted into a juvenile state correctional institution for the offense of violating certain court orders or conditions of bond in cases involving family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking.
In fiscal year 2024, there were 1,099 arrests, no referrals, 173 placements onto adult community supervision, 194 individuals admitted into an adult state correctional institution, and no individuals admitted into a juvenile state correctional institution for the offense of violating certain court orders or conditions of bond in cases involving family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking two or more times within 12 months.
While the proportion of these offenses that will satisfy the provisions of the bill is unknown, it is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.