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F I S C A L I M P A C T R E P O R T

SPONSOR:	Foley		DATE TYPED:	2/25/03		HB	866
SHORT TITLE:		Increase Child Abuse Penalties				SB
					ANALYST:		Maloy

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY03	FY04	FY03	FY04
	NFI		See Narrative

(Parenthesis ( ) Indicate Expenditure Decreases)

Conflicts with SB 326.

SOURCES OF INFORMATION

Responses Received From

Administrative Offices of the Courts

Corrections Department

SUMMARY

Synopsis of Bill

House Bill 866 adds penalties to current child abuse law, including:

• A person who commits abuse of a child that does not result in the child’s death or great bodily harm, by allowing the child to enter or remain in a building or motor vehicle that contains chemicals or equipment used for the manufacture of a controlled substance, is guilty of a second degree felony; and

• Upon a second or subsequent conviction, the person is guilty of a first degree felony.

FISCAL IMPLICATIONS

There is no direct fiscal impact for the state with the adoption of these heightened penalties. However, there will likely exist secondary costs as follows:

· Heightened penalties often result in fewer plea bargains. This impacts the courts, public defenders and district attorneys offices.

· Children, Youth and Families Department may find itself in the position of trying to place additional children with relatives, or in foster care.

· The Corrections Department will likely experience a rise in the number of inmates, and in the length of time they are to be incarcerated.

SJM/prr/njw