LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
78TH LEGISLATIVE REGULAR SESSION
 
March 25, 2003

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
SB827 by Whitmire (Relating to amending Section 22.041, Penal Code, to make it a criminal offense to abandon or endanger an elderly individual or a disabled individual and to make it a criminal offense to fail to provide adequate food, medical care, or shelter to a child, elderly individual, or disabled individual; providing a criminal penalty.), As Introduced

The bill would amend the Penal Code by including elderly individuals and disabled individuals in the current offense of abandoning or endangering a child.  The bill would also amend the Penal Code by including the intentional or knowing failure to provide adequate food, medical care, or shelter to a child younger than 15 years, an elderly individual, or a disabled individual, as committing the offense of abandoning or endangering a child, an elderly individual, or a disabled individual.  The punishment for the offense of abandoning or endangering a child ranges from a state jail felony to a felony of the second degree, depending on the intent of the actor and the presence of imminent danger of death, bodily injury, or physical or mental impairment.

 

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

It is assumed that the number of additional offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.


Source Agencies:
LBB Staff:
JK, GG