LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
March 30, 2005

TO:
Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB713 by Quintanilla (Relating to the punishment for forgery committed against an elderly person.), As Introduced

The bill would amend the Penal Code by enhancing certain forgery offenses if the offense was committed against an elderly individual.  An elderly individual is defined as a person 65 years of age or older.  The bill would enhance the punishment for misdemeanor level offenses to a state jail felony, and third degree felony offenses to a felony of the second degree.  The bill would not affect forgery offenses that are currently punishable as a state jail felony.
 
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.
 
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:



Fiscal Year Increase In State Jail Community Supervision Population Increase In Demand For State Jail Capacity Increase In Demand For Prison Capacity Decrease In Parole Supervision Population
2006 4 4 1 1
2007 22 23 9 9
2008 42 27 21 20
2009 59 27 31 21
2010 65 27 41 20


Source Agencies:
LBB Staff:
JOB, GG, BT