Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB1591 by Driver (Relating to enhancing the penalty for manufacture or delivery of methamphetamine.), As Introduced
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, including its ingredients, and the amount by aggregate weight is less than one gram.
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.
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: