Bills › 88th General Assembly
Where it is now
- Done: IntroducedFebruary 18, 2020
- Done: SubcommitteeFebruary 4, 2020
- Done: House committeeFebruary 13, 2020
- Stopped: Passes the HouseDied when the General Assembly ended
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill prohibits a defendant who was a public employee or public official at the time of the offense and who is ordered to pay restitution in an amount greater than $1,500 to a public employer in which the defendant was employed or served for damages resulting directly from the offense pursuant to Code chapter 910 from receiving a deferred judgment, deferred sentence, or suspended sentence.2). Restitution under Code chapter 910 means payment of pecuniary damages to a victim in an amount and in the manner provided by the offender’s plan of restitution.
Read the full explanation
Pecuniary damages are all damages to the extent not paid by an insurer on an insurance claim by the victim, which a victim could recover against the offender in a civil action arising out of the same facts or event, except punitive damages and damages for pain, suffering, mental anguish, and loss of consortium.
House subcommittee
Named February 4, 2020. On February 12, 2020 it recommended amendment and passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill prevents courts from deferring judgments or suspending sentences for public employees or officials who steal more than $10,000. The fiscal note estimates this bill will have a minimal to no fiscal impact because these types of crimes are rare.2
Read the fiscal note
Description
House File 2436 prohibits a sentencing court in cases involving theft from deferring the judgment or deferring the sentence if the defendant was a public employee or public official at the time of the offense and the amount of money taken by the public employee or public official in connection with the offense exceeded $10,000.
House File 2436 also prohibits a sentencing court from suspending the sentence of a defendant if the defendant was a public employee or a public official at the time of the offense, and the amount of money taken by the public employee or public official in connection with the offense exceeded $10,000, unless the defendant establishes, by clear and convincing evidence, and the sentencing court finds and states specifically on the record that mitigating circumstances exist warranting a departure from the otherwise mandatory minimum term of incarceration.
Background
Under current law, the theft of property exceeding $10,000 in value is defined as first degree theft. Theft in the first degree is a Class C felony. A person convicted of a Class C felony shall be confined for no more than five years, and in addition shall be sentenced to a fine of at least $750 but not more than $7,500.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
House File 2436 is not estimated to have a correctional impact due to the rarity of crimes involving public employees of public officials. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2020, for information related to the correctional system.
Minority Impact
House File 2436 is not estimated to have a minority impact due to the rarity of crimes of this nature. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 15, 2020, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 2436 is estimated to have minimal to no fiscal impact due to the rarity of crimes of this nature. The average State cost for a Class C felony ranges from $11,600 to $19,400 per offender. This estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections (DOC) for one conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision.
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Department of Corrections
- Theft, Enhanced Penalties · February 24, 2020 · $19,400
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88th General Assembly
Earlier and later bills are matched by wording or an identical title.
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Matched by wording or an identical title.