TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
FROM: | John Keel, Director, Legislative Budget Board |
IN RE: | HB2316 by Dutton (Relating to sentences for certain nonviolent offenders.), As Introduced |
The bill would amend the Penal Code by reducing the punishment for many nonviolent offenses. Offenses identified in the bill for penalty reduction include: graffiti, theft, theft of cable services, bail jumping, prostitution with two priors, manufacture or delivery of controlled substances, possession of controlled substances, delivery of marihuana, and possession of marihuana. In most instances the punishment for the offense would be reduced from a state jail felony to a Class A misdemeanor. The bill would take effect immediately upon enactment if it receives a two-thirds vote in both houses. Otherwise, it would take effect September 1, 2003.
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 state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
Assuming that sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand upon the adult corrections agencies, is estimated as follows:
Fiscal Year | Decrease In Demand For State Jail Capacity | Decrease In Community Supervision Population |
---|---|---|
2004 | 2,850 | 3,375 |
2005 | 6,908 | 10,125 |
2006 | 8,601 | 16,875 |
2007 | 10,086 | 20,712 |
2008 | 11,335 | 21,102 |
In preparing this impact statement this office reviewed data and information provided by the Criminal Justice Policy Council.
Source Agencies: | |
LBB Staff: | JK, VDS, GG
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