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SPONSOR: |
Garcia, M. |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Increase Penalty for Child Abuse |
SB |
326 |
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ANALYST: |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See Narrative |
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REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
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Insignificant |
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Recurring |
General
Fund |
Responses
Received From
Administrative
Office of the Courts (AOC)
Public
Defender Department (PDD)
Administrative
Office of the District Attorneys (
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.
· 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.
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.
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
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?