LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
Revision 1
 
April 7, 2005

TO:
Honorable Suzanna Gratia Hupp, Chair, House Committee on Human Services
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
SB6 by Nelson (Relating to protective services; providing penalties.), Committee Report 2nd House, Substituted

The provision of the bill that is the subject of this analysis would amend the Family Code by enhancing the punishment for the act of knowingly or intentionally filing a false report of child abuse or neglect from a Class A misdemeanor to a state jail felony.  The bill would also amend the Family Code by enhancing the punishment for repeat offenses of knowingly or intentionally filing false reports of child abuse or neglect.  The punishment for repeat offenders would be enhanced from the present punishment of a state jail felony to a felony of the third degree.
 
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment.
 
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 ten years or less than two years, or, in addition to imprisonment, a fine not to exceed $10,000.
 
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. In the case of this bill, the increased workload and demand for resources would probably not be substantial.


Source Agencies:
LBB Staff:
JOB, BT, GG