Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB501 by Brown, Betty (Relating to the criminal penalty for the unlawful delivery of a dangerous drug on a school bus or in a drug-free zone.), As Introduced
The bill would amend the Health and Safety Code by enhancing the punishment from a state jail felony to a felony of the third degree for the offense of delivery or offer of delivery of dangerous drug if the offense is committed within areas specified in the bill.
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.
Fiscal year 2004 data indicate that there was one admission to TDCJ and 23 placements on community supervision for the offense of delivery or offer of delivery of dangerous drug. The impact of the bill would depend on the future number of persons with punishment impacted by this proposal; however, it is assumed that the increased workload and demand for resources would probably not be substantial.