Honorable Joe Driver, Chair, House Committee on Law Enforcement
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB311 by McReynolds (Relating to the prosecution and punishment of the offense of making a false report to a peace officer or law enforcement employee.), As Introduced
The bill would amend the Penal Code by enhancing the punishment for the offense of knowingly making a false statement to a peace officer or employee of a law enforcement agency that is material to a felony criminal investigation from a Class B misdemeanor to a state jail felony.
A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days, a fine not to exceed $2,000, or both fine and confinement.
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.
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. When an offense is changed from a misdemeanor to a felony there is a transfer of the burden of confinement of convicted offenders from the counties to the State. In the case of this bill, the increased workload and demand for resources would probably not be substantial.