Thursday, February 2, 2023

House Judiciary Advances Abuse and Neglect Penalty Increases Bill

The Judiciary Committee met this morning and advanced House Bill 2113.

House Bill 2113 increases the criminal penalties imposed on a parent, guardian, or custodian for child abuse resulting in injury and child abuse or neglect creating a risk of injury. This bill does not change fines; it changes criminal sentencing penalties.

The changes are as follows:

  • Abuse causing the child bodily injury
    • The current penalty is 1 to 5 years
    • Bill changes the penalty to 2 to 10 years
  • Abuse with serious bodily injury
    • The current penalty is 2 to 10 years
    • Bill changes the penalty to 5 to 15 years
  • Abuse with a substantial risk of death or serious bodily harm
    • The current penalty is 1 to 5 years
    • Bill changes the penalty to 2 to 10 years
  • Abuse with a substantial risk of bodily harm
    • Misdemeanor with fine
    • Bill does not change this penalty.
  • A second offense of child abuse bodily injury (the misdemeanor)
    • The current penalty is a misdemeanor
    • Bill changes the penalty to a felony with 1 to 5 years.  
  • Second felony conviction
    • Bill changes the penalty to twice the term and the fine authorized
  • Neglect causing child bodily injury
    • The current penalty is 1 to 3 years
    • Bill does not change this penalty.
  • Neglect causing serious bodily injury
    • The current penalty is 1 to 10 years
    • Bill does not change this penalty.
  • Gross neglect with a substantial risk of death or serious bodily harm
    • The current penalty is 1 to 5 years
    • Bill changes the penalty to 1 to 10 years
  • Neglect with risk of bodily injury
    • Misdemeanor with fine
    • Bill does not change this penalty.
  • A second offense of neglect with risk of bodily injury (the misdemeanor)
    • The current penalty is a misdemeanor
    • Bill changes the penalty to a felony with 1 to 5 years
  • Second felony conviction
    • Bill changes the penalty to twice the term and the fine authorized

An additional change is that the provisions MAY not apply if neglect is due primarily due to a lack of financial means.

Related Articles

Latest Articles