LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
78TH LEGISLATIVE REGULAR SESSION
 
April 17, 2003

TO:
Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
SB317 by Hinojosa (Relating to the prosecution of the offense of violation of a protective order or magistrate's order.), As Engrossed

The bill would amend the Penal Code by altering the definition of the offense of violation of a protective order or magistrate’s order.  The offense of violation of a protective order or magistrate’s order is punishable as a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault or the offense of stalking, in which event the offense is a third degree felony.

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 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

The Texas Department of Criminal Justice does not anticipate a significant impact from the proposed change to the Penal Code. 



Source Agencies:
LBB Staff:
JK, GG