Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB163 by Berman (Relating to the punishment for the offenses of forgery, credit or debit card abuse, and fraudulent use or possession of identifying information.), As Introduced
The bill would amend the Penal Code by enhancing the punishment prescribed for the offenses of forgery, credit or debit card abuse, and fraudulent use or possession of identifying information to the next higher category of offense for individuals who are shown at the trial to be repeat offenders.
Currently, the offense of forgery is punishable as a Class A misdemeanor, state jail felony, or felony of the third degree, depending on the type of document that is forged. This bill would affect only third degree felony forgery offenders. Enhancing the penalty for repeat forgery offenders would make forgery punishable as a felony of the second degree.
The offenses of credit or debit card abuse and fraudulent use or possession of identifying information are currently punishable as a state jail felony. Enhancing the penalty for repeat offenders for these offenses would subject offenders to a third degree felony conviction.
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 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.
A second degree felony is punishable by imprisonment in the institutional division 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: