LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
April 4, 2005

TO:
Honorable Kino Flores, Chair, House Committee on Licensing & Administrative Procedures
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB103 by Van Arsdale (Relating to the punishment for the offense of possession of a gambling device, equipment, or paraphernalia.), As Introduced

The bill would amend the Penal Code by enhancing the punishment for the offense of possession of a gambling device, equipment, or paraphernalia 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.
 
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 Decrease In Demand For State Jail Capacity
2006 4 5
2007 25 25
2008 47 30
2009 66 30
2010 73 31


Source Agencies:
LBB Staff:
JOB, GG