Bill: SB 524, 85(R) - 2017

Committee

Senate Criminal Justice

2nd Chamber Committee

House Criminal Jurisprudence

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Yes Neutral Neutral Positive Neutral Neutral

Author(s)

Brian Birdwell

Sponsor(s)

Charlie Geren

Bill Caption

Relating to increasing the punishment for the offense of abuse of a corpse.


Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

Under current law abuse of a human corpse is a Class A misdemeanor. If this bill passes, the punishment for abuse of a corpse would be elevated to a state jail felony. A Class A misdemeanor constitutes up to one year in jail and/or a $4,000 fine. A state jail felony mandates 180 days to two years in jail and/or a $10,000 fine. 

Vote Recommendation Notes

For most of the statutory definitions of abuse of a corpse we do not view a state jail felony as being disproportionate to the crime. However, we are concerned about one provision which stipulates that a person who "vandalizes, damages, or treats in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest" commits the offense of abuse of a corpse. What exactly constitutes "treats in an offensive manner" is vague and subjective. A state jail felony is probably disproportionate for a violation of this provision. 

We recommend amending SB 524 to stipulate that the offense mentioned above would remain a Class A misdemeanor. 

Source URL (retrieved on 03/29/2024 08:03 AM): http://reports.texasaction.com/bill/85r/sb524?print_view=true