BILL ANALYSIS Senate Research Center S.B. 524 85R2514 LHC-D By: Birdwell Criminal Justice 4/12/2017 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current law, the offense of abuse of a corpse is classified as a Class A misdemeanor, which is punishable by up to one year in jail, and/or up to a $4000 fine. Interested parties contend that this punishment is not severe enough to fit the nature of the crime. In one instance of malpractice by the owners of a funeral home, prosecutors instead sought a conviction for theft that was punishable by a state jail felony in order to deliver a stricter punishment. S.B. 524 increases this offense to a state jail felony. This would impose a minimum penalty of 180 days in jail, up to two years, along with the possibility of up to a $10,000 fine. As proposed, S.B. 524 amends current law relating to increasing the punishment for the offense of abuse of a corpse. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 42.08(b), Penal Code, by providing that an offense under this section (Abuse of Corpse) is a state jail felony, rather than a Class A misdemeanor. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2017.
BILL ANALYSIS
Senate Research Center S.B. 524
85R2514 LHC-D By: Birdwell
Criminal Justice
4/12/2017
As Filed
Senate Research Center
S.B. 524
85R2514 LHC-D
By: Birdwell
Criminal Justice
4/12/2017
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, the offense of abuse of a corpse is classified as a Class A misdemeanor, which is punishable by up to one year in jail, and/or up to a $4000 fine. Interested parties contend that this punishment is not severe enough to fit the nature of the crime. In one instance of malpractice by the owners of a funeral home, prosecutors instead sought a conviction for theft that was punishable by a state jail felony in order to deliver a stricter punishment.
S.B. 524 increases this offense to a state jail felony. This would impose a minimum penalty of 180 days in jail, up to two years, along with the possibility of up to a $10,000 fine.
As proposed, S.B. 524 amends current law relating to increasing the punishment for the offense of abuse of a corpse.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 42.08(b), Penal Code, by providing that an offense under this section (Abuse of Corpse) is a state jail felony, rather than a Class A misdemeanor.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2017.