LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
February 21, 2005

TO:
Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB35 by Eissler (Relating to the offenses of burglary of vehicles, theft, and tampering with identification numbers.), As Introduced

The bill would amend the Penal Code by enhancing the punishment for theft offenses involving the burglary of vehicles, theft of vehicles, and tampering with identification numbers.  The offense of burglary of a vehicle would be enhanced from a Class A misdemeanor to a state jail felony.  The theft of a motor vehicle would be punishable as a third degree felony unless the defendant has previously been convicted two or mores, in which case the offense would be punishable as a second degree felony.  The bill would also enhance the punishment for the offense of tampering with identification numbers from a Class A misdemeanor to a state jail felony.  The change in law made by this Act would apply only to an offense committed on or after September 1, 2005.
 
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.  
 
A third degree felony is punishable by imprisonment in a prison facility 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.

A second degree felony is punishable by imprisonment in a prison facility 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.
 
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 Increase In Felony Community Supervision Population Increase In Demand For State Jail Capacity
2006 103 110
2007 595 597
2008 1,123 707
2009 1,559 709
2010 1,734 733


Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice
LBB Staff:
JOB, GG, BT