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:
HB1593 by Driver (Relating to the punishment for the offense of criminal conspiracy to manufacture certain controlled substances.), As Introduced

The bill would amend the Penal Code by enhancing the punishment for the offense of Criminal Conspiracy if the object of conspiracy is the manufacture or delivery of a substance in Penalty Group 1 as defined in the Controlled Substances Act of the Health and Safety Code.  The bill would enhance conspiracy to manufacture or deliver a substance in Penalty Group 1 to the level punishable as the same category as the felony that is the object of the conspiracy.  Currently, criminal conspiracy offenses are punishable as one category lower than the most serious felony that is the object of the conspiracy.

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.
 
A first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, 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 Demand For Prison Capacity Increase In Parole Supervision Population
2006 44 9
2007 357 212
2008 725 643
2009 1,063 938
2010 1,401 994


Source Agencies:
LBB Staff:
JOB, BT