| TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John Keel, Director, Legislative Budget Board |
| IN RE: | HB1516 by Allen (Relating to the investigation and prosecution of an offense motivated by objection to certain activities involving animals, activities involving natural resources, or activities involving the operation of an animal facility.), As Introduced |
The provision of the bill that is the subject of this analysis would amend the Penal Code by enhancing the punishment prescribed for an offense to the next highest category of offense if an affirmative finding is made that the offense was committed because of an objection to animal or ecological activity or animal facility. The enhancement provision would not apply to a first degree felony and if the offense is a Class A misdemeanor the minimum term of confinement for the offense is increased to 180 days.
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment.
A third degree felony is punishable by imprisonment in the institutional division for any term of not more than ten years or less than two years, or, in addition to imprisonment, a fine not to exceed $10,000.
A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
A first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. In the case of this bill, the increased workload and demand for resources would probably not be substantial.| Source Agencies: |