LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

March 31, 2005

TO:	Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB197 by Guillen (Relating to the punishment for the offense of criminal mischief.), Committee Report 1st House, Substituted

No fiscal implication to the State is anticipated.

The bill would amend the Penal Code by making the offense of criminal mischief a Class C misdemeanor punishable by a fine not to exceed $1,000 if the amount of pecuniary loss is less than $50 and the actor has been previously convicted three or more times. The bill would take effect September 1, 2005.

Under current statute, criminal mischief is a Class C misdemeanor if the pecunicary loss is less than $50, but the statute does not stipulate that the actor has been previously convicted three or more times. The standard punishment for a Class C misdemeanor is a fine not to exceed $500. The provisions of the bill would double the maximum fine that could be imposed if the proposed new criteria are met.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

696 Department of Criminal Justice

LBB Staff:

JOB, DLBa, KJG, GG