Honorable Paul Bettencourt, Chair, Senate Committee on Local Government
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB252 by Bettencourt (Relating to certain criminal offenses, punishments, and procedures; creating a criminal offense; increasing a criminal penalty.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Penal Code to create another manner and means of committing the offense of abuse of official capacity. A public servant would commit an offense if they store or refurbish non-government personal property that has come into their custody or possession by virtue of their office or employment at government expense, without public benefit.
The bill would add an offense that would expand criteria for all classes of misdemeanors and felonies. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.
According to the Office of Court Administration, no significant fiscal implication to the state court system is anticipated.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
A Class C misdemeanor is punishable by a fine of not more than $500. In addition to the fine, punishment can include up to 180 days of deferred disposition. Costs associated with enforcement and prosecution could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal impact.
A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.