| TO: | Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB1762 by Phillips (Relating to the punishment for a person with multiple convictions for identical misdemeanor offenses.), As Introduced |
The bill would amend the Penal Code by enhancing the punishment to the next highest category for misdemeanor offenders that have been convicted of the same offense as the instant offense two or more times.
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 additional impact to criminal justice populations from this bill is based solely on misdemeanor probation placements that would have the punishment for their offenses enhanced to the penalty level of a state jail felony.
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 Felony Community Supervision Population | Increase In Demand For State Jail Capacity |
|---|---|---|
| 2006 | 138 | 148 |
| 2007 | 799 | 802 |
| 2008 | 1,509 | 950 |
| 2009 | 2,094 | 952 |
| 2010 | 2,330 | 985 |
| Source Agencies: |
| LBB Staff: | JOB, GG
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