LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

March 15, 2005

TO:	Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB2297 by Cook, Robby (Relating to penalties for repeat and habitual misdemeanor offenders.), As Introduced

No fiscal implication to the State is anticipated.

The bill would amend the Penal Code to enhance the penalty of a defendant convicted of a Class A misdemeanor offense who has previously been convicted of a Class B misdemeanor. The bill would take effect September 1, 2005 and would apply only to an offense committed on or after that date.

Under current statute, the penalty for a Class A misdemeanor is enhanced only if the defendant has previously been convicted of another Class A misdemeanor or any degree of felony. An increase in the amount of fines imposed and collected could increase as a result of implementation of the provisions of the bill, as could the number of defendants required to serve a term between 90 days and one year in county jail. These increases are not anticipated to have a significant fiscal impact.

Local Government Impact

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

Source Agencies:

LBB Staff:

JOB, KJG, DLBa