Honorable Joe Driver, Chair, House Committee on Law Enforcement
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB164 by Berman (Relating to the civil and criminal consequences of engaging in certain conduct related to the manufacture of methamphetamine and to the distribution and retail sales of pseudoephedrine; providing penalties.), As Introduced
The provisions of the bill that are the subjects of this analysis are the provisions that create or enhance felony sanctions. The bill would amend the Health and Safety Code by enhancing the punishment for the offense of manufacture or delivery of substance in penalty group 1 from a state jail felony to a felony of the third degree if the controlled substance is methamphetamine, and the amount by aggregate weight is less than one gram. The bill would also amend the Health and Safety Code by enhancing the punishment for the offense of manufacture or delivery of substance in penalty group 1 from a second degree felony to a felony of the first degree if the controlled substance is methamphetamine, and the amount by aggregate weight is one gram or more but less than four grams.
Other provisions of the bill would enhance the punishment by one level for the manufacture or delivery of methamphetamine for amounts that are currently punishable as a felony of the first degree and in cases where the offense is punishable for life. It is assumed that the average time served in prison by persons likely to be affected by these provisions of the bill is already greater than five years and are not reflected in this analysis.
The bill would also create the offense of intent to facilitate the manufacture of methamphetamine and would enhance the punishment in methamphetamine cases when a child younger than 18 years of age was on the premises when the offense was committed. The impact of these provisions is not reflected in this analysis due to a lack of data; however, it is assumed that the impact of these provisions would not be significant.
Assuming that sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the enhancement provisions increasing the penalty for the offense of manufacture or delivery of substance in penalty group 1 during each of the first five years following passage, in terms of daily demand upon the adult corrections agencies, is estimated as follows: