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 Suite 101 of the State Capitol Building North.

 

 

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

 

 

 

SPONSOR:

Garcia, M.

 

DATE TYPED:

2/20/03

 

HB

 

 

SHORT TITLE:

Increase Penalty for Child Abuse

 

SB

326

 

 

ANALYST:

Wilson

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

See Narrative

 

 

 

REVENUE

 

Estimated Revenue

Subsequent

Years Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

 

 

 

 

Insignificant

 

Recurring

General Fund

 

SOURCES OF INFORMATION

 

Responses Received From

Administrative Office of the Courts (AOC)

Public Defender Department (PDD)

Administrative Office of the District Attorneys (ADA)

Attorney General’s Office (AGO)

Corrections Department (CD)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 326 increases the penalty for abuse of a child that results in the child’s death.  Current law states that if the abuse results in great bodily harm or death to the child, the abuser is guilty of a first-degree felony.  SB 326 proposes to separate the penalty for great bodily harm from abuse resulting in death to the child.

 

  • The proposed penalty for a person who commits abuse of a child that results in great bodily harm is guilty of a first-degree felony. 
  • The proposed penalty for a person who commits abuse of a child that results in death is guilty of a first-degree felony resulting in the death of a human being.

 

·       Because of this proposed separation of penalties, the bill also adds another basic sentence of imprisonment – if a person is convicted of a noncapital felony, the basic sentence of imprisonment for a first-degree felony resulting in the death of a human being is 24 years imprisonment.

 

  • The court shall include in the judgment and sentence of each person convicted of a first, second, third, or fourth degree or a first, second or third degree felony resulting in the death of a human being and sentenced to imprisonment in accordance to the law.

 

  • SB 326 makes it possible for a court, in addition to the imposition of a basic sentence of imprisonment, to impose a fine not to exceed $17,500 for a first-degree felony resulting in the death of a human being.

             

     Significant Issues

 

The PDD notes increasing penalties for the crime of child abuse resulting in death by changing the sentencing statute affects other crimes.  For example, a "first degree felony resulting in death" in the sentencing statute is the definition of first-degree murder. The current penalty for first-degree murder is a mandatory thirty-year term of imprisonment without the ability to earn meritorious good time.

 

If the sentencing statute were amended to increase the punishment for child abuse resulting in death, the punishment for first-degree murder would be reduced to twenty-four years.

 

If the legislative intent is to increase the penalty for child abuse resulting in death, the child abuse statute can be changed to reflect that intent.

 

FISCAL IMPLICATIONS

 

Adding another basic sentence of imprisonment for a first degree felony resulting in the death of a human being may take up a considerable amount of judicial time because the district courts have to conduct not only a trial, but a sentencing phase as well.  There may be an increase in the amount of work that needs to be done by the courts, thus requiring additional resources needed to handle the increase.

 

The AOC notes as penalties increase, potential imprisonment tends to inspire defendants to retain attorneys and demand jury trials.  Indigent defendants are entitled to public defender services.

           

SB 326 will have a significant impact on the PDD because child abuse cases are among the most protracted and expensive to try since they require a great deal of expert testimony. If the penalty is increased, there will be a greater need to go to trial rather than resolve the case through a plea bargain. 

 
SB 326 will increase cost to the CD in later years in later years as a result of the longer prison sentences and longer probation terms.
 
The private prison annual costs of incarcerating an inmate based upon fiscal year 02 actual expenditures is $23,552 per year for males.  The cost per client to house a female inmate at a privately operated facility is $25,117 per year.  Because state owned prisons are essentially at capacity, any net increase in inmate population will be housed at a private facility. 
 
SB 326 might result in a minimal increase in revenue to the general fund due to the higher fine of $17,500 available for this new felony as opposed to the current first-degree felony fine of $15,000.

 

ADMINISTRATIVE IMPLICATIONS

 

There is an administrative impact on the court resulting from added judicial time needed to dispose of these types of cases in the manner provided under the law.

 

TECHNICAL ISSUES

 

The ADA suggests adding language to include "first degree death of a human being" in Section 31-20-3 so as to make this sentencing mandatory, if that is what is intended.

 

POSSIBLE QUESTIONS

 

Did the drafter of the bill intend to increase the penalty for child abuse resulting in death by decreasing the penalty for first-degree murder?

 

DW/njw:prr/ls