LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
May 19, 2005

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB1634 by Allen, Ray (Relating to arson and arson investigation; creating offenses.), As Engrossed

The bill would amend the Penal Code by making punishable as a state jail felony the reckless causing of a fire or an explosion while manufacturing a controlled substance and in the process damaging any building, habitation, or vehicle.  The offense would be punishable as a felony of the third degree if it is shown on the trial of the offense that bodily injury or death was suffered by any person by reason of the commission of the offense.  The offense of arson is currently punishable as a felony of the second degree, or a felony of the first degree, depending on whether bodily injury was suffered, or the property intended to be destroyed was a habitation or a place of assembly or worship. 

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.

The impact of the bill would depend on the number of persons caught and convicted of the offense; however, in the case of this bill, the increased workload and demand for resources would probably not be substantial.



Source Agencies:
LBB Staff:
JOB, GG