Bill Increasing Abuse and Neglect Penalties Moves to Senate

The House convened briefly today, passing two bills, amending one, and recommitting another to a committee.

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 and or up to 6 months in jail
  • 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 a fine or up to 6 months in jail
  • 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. The bill passed and advanced to the Senate.

House Bill 2531 clarifies that rail companies must cooperate with and receive permission from the Commissioner of the Division of Highways before they build or conduct repairs or otherwise perform maintenance on the railroad, tracks, or crossing that closes state roads to ensure that the traveling public has needed access to emergency services, school, work and is not unnecessarily inconvenienced by road closures. The bill passed and advanced to the Senate.

Senate Bill 143 requires volunteers for the Adopt-A-Stream Program 17 years or younger to be accompanied by an adult. The bill also changes the eligibility for participation in the program and changes the section process for participation. The bill allows the department to approve or deny applications at its discretion. The Government Organization amendment was adopted by the House and advanced to third reading.  

House Bill 2171 was recommitted to the Committee on Technology and Infrastructure on second reading.

The House is adjourned until 9 a.m. tomorrow, January 27, 2023.

Committee Meetings, Today

• The Technology and Infrastructure Committee will meet at 1:15 p.m. in Room 434.
• The Energy and Manufacturing Committee will meet at 1 p.m. in Room 410.
• The Committee on Economic Development and Tourism will meet at 2 p.m. in Room 460.
• The Committee on Health and Human Resources Committee will meet at 3 p.m. in Room 215E.

Committee Meetings, tomorrow, Jan. 27

• The Committee on Senior, Children, and Family Issues will meet immediately following the floor session.