NOTE: As provided in LFC policy, this report is
intended only for use by the standing finance committees of the
legislature. The Legislative Finance Committee does not assume
responsibility for the accuracy of the information in this report when used for
other purposes.
The most recent FIR
version (in HTML & Adobe PDF formats) is available on the Legislative
Website. The Adobe PDF version includes
all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be
obtained from the LFC in
SPONSOR: |
Thompson |
DATE TYPED: |
|
HB |
893 |
||
SHORT TITLE: |
Aggravated |
SB |
|
||||
|
ANALYST: |
Fox-Young |
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
$0.1 Significant |
Recurring |
General
Fund |
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Administrative
Office of the Courts (AOC)
Attorney
General (AG)
Administrative
Office of the District Attorneys (AODA)
Public
Defender Department (PDD)
Corrections
Department (CD)
Department
of Health (DOH)
Department
of Public Safety (DPS)
Synopsis
of Bill
House
Bill 893 amends Section
·
The bill increases the penalty for the
offense of Aggravated Battery (when it causes painful temporary disfigurement or
temporary loss or impairment of the functions of any member or organ of the
body) from a misdemeanor to a fourth degree felony.
· The bill divides an existing category of the crime of Aggravated Battery (inflicting great bodily harm or [doing] so with a deadly weapon or in an manner where great bodily harm or death can be inflicted) into two offenses, providing for a third and a second degree felony.
--Whoever commits aggravated battery with a deadly weapon or does so in any manner whereby great bodily harm or death can be inflicted on a person, but in fact is not, is guilty of a third degree felony.
--Whoever commits aggravated battery, by inflicting great bodily harm on a person, is guilty of a second degree felony.
Significant
Issues
The Administrative Office of the District Attorneys (AODA) notes that
the bill clarifies that the penalty for aggravated battery with a deadly
weapon, which could have caused great bodily harm or death but did not, is a
third degree felony. AODA notes that
this is currently the law, but that it is not stated very clearly.
The Administrative Office of the
Courts (AOC) notes that the offenses of Aggravated Battery and Aggravated
Battery Against A Household Member are currently charged as misdemeanors and
filed in magistrate courts. The Department of Health (DOH) reports that
in 2001, 13% of domestic violence cases heard in magistrate court included
charges of Aggravated Battery. The
provisions of this bill will likely transfer a number of such cases to district
court, as they will be classified as felonies.
The Administrative Office of the Courts (AOC) notes that in the alternative,
prosecutors may opt to undercharge offenders so that cases may continue to be
heard in magistrate court.
The Public Defender Department (PDD) notes that because virtually all
batteries can be charged as a felony under the provisions of the bill, bail
requirements are likely to rise, making it difficult for defendants to obtain
pre-trial release. PDD indicates that an
increase in the number of incarcerated defendants will further burden the
court’s obligation to meet speedy trial provisions.
FISCAL IMPLICATIONS
AOC
notes that last year, more than 704 cases were filed in magistrate courts
(this figure does not include
PDD notes that the provisions of the bill will likely require an increase in contract counsel and in-house staff throughout the state. Because the current misdemeanors and lesser felonies will be superseded by harsher punishments, PDD notes that an increase in jury trials is inevitable. The department estimates an annual increase of $744.0 to fund an additional in-house attorney in each of the district offices and an annual increase in contract counsel costs of at least $200.0.
Additionally, PDD notes that increasing bail requirements will cause department attorneys to expend more resources in preparing for trials.
The Corrections Department (CD) notes
that individuals convicted under the new penalty scheme will likely serve longer
sentences, supervised parole terms and longer periods of supervised
probation. As a result, costs to the
department will likely increase significantly.
CONFLICT
Conflicts with (conflicting penalties):
HB 341 (increasing penalties for domestic
violence offenses committed in the presence of a child)
HB 561 (increased penalties for domestic
violence offenses)
SB
521 (mandatory minimum periods of incarceration for domestic violence offenses)
Relates to:
HB156 (allowing police to hold
individuals arrested for domestic violence for 48 hours)
SB52
(appropriating $2,000.0 from the general fund to CYFD for contracts with
domestic violence shelters and programs)
HB257
(allowing local DWI grant funds to be used for domestic abuse programs)
HB264
(requiring first time domestic violence offenders to complete
counseling)
TECHNICAL ISSUES
The Attorney General (AG) notes that the existing penalty structure
for the crimes of Aggravated Battery Upon a Peace Officer and Aggravated
Battery on a Sports Official are not in line with those contained in the bill.
JCF/yr