Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3032 by Landgraf (Relating to periods of detention following arrest and increasing the criminal penalties for violation of certain court orders and conditions of bond.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would establish that a violation of certain court orders or conditions of bond in a family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case is punishable as a third degree felony. The bill would establish that the offense of committing two or more such violations during a period of 12 months or less is punishable as a second degree felony. The bill would require a person arrested for such violations of court orders or conditions of bond to be held in custody for a minimum of 72 hours, regardless of whether bond has been posted.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant unless there were a significant increase in the number of individuals sentenced to a term of confinement in a state correctional institution. While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs.
Local Government Impact
While the fiscal impact to units of local government cannot be determined, increasing the penalty for an existing offense and requiring a minimum period of detention may result in increased demands upon local correctional resources.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 458 Alcoholic Beverage Commission, 696 Department of Criminal Justice, 802 Parks and Wildlife Department