HOUSE COMMITTEE ON THE JUDICIARY

Floor Book Memo

Com. Sub. For H.B. 2606


(February 17, 2015)

 SPONSORS: Sponaugle and Shott


TITLE: Relating to clarifying the potential sentence for disorderly conduct


DATE INTRODUCED: February 4, 2015


CODE REFERENCE: §61-6-1b. Disorderly conduct; penalty.


IDENTICAL/SIMILAR BILLS:


SUMMARY ANALYSIS: The purpose of this bill is to clarify the potential sentence for disorderly conduct by removing language that a person may be "committed to the custody of the Division of Corrections" rather than "confined in jail" which is inserted.


FULL ANALYSIS:


I. SUBSTANTIVE ANALYSIS


A. EXISTING LAW: The Current law provides that persons convicted of a violation of this provision shall be “committed to the custody of the Division of Corrections”. This is only done when persons are committed to a prison or other correctional facility and is seldom done in cases involving violations which rise only to the level of a misdemeanor, such as this offense.

 

B. THE BILL: The bill fixes this issue, by requiring that persons convicted of an offense of this section be confined in jail.

 

II.       FISCAL NOTE: Minimal fiscal impact to state government.

                                    

III.      COMMENTS

 

CONSTITUTIONAL ISSUES: None identified

 

GOVERNMENT AGENICIES AFFECTED: Regional jails

 

RULE MAKING AUTHORITY:None

 

REFERENCE: House Judiciary.

 

TITLE ANALYSIS: Appears to be within Constitutional guidelines

 

EFFECTIVE DATE: Passage

DRAFTING ISSUES OR OTHER COMMENTS: None