Honorable Joe Driver, Chair, House Committee on Law Enforcement
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB502 by Guillen (Relating to prohibiting a person from providing urine to another with intent to defeat or defraud a drug-screening test; providing penalties.), As Introduced
The bill would amend the Penal Code by creating the offense of substituting urine with intent to defeat or defraud drug-screening test. The offense would be punishable as a Class B misdemeanor for a first time offender, a Class A misdemeanor if the offender has one previous conviction, and as a state jail felony if the offender has two or more prior convictions.
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.
The impact of the bill would depend on the number of offenders prosecuted and convicted for the offense. It is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies.