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:
HB2213 by Quintanilla (Relating to the punishment for certain crimes of fraud committed against elderly persons.), As Introduced

The bill would amend the Penal Code by allowing for the enhancement of punishment for offenders convicted of fraud crimes committed against elderly persons.  Offenses punishable as misdemeanors would be increased to the punishment for a state jail felony and offenses punishable as a felony, other than a felony of the first degree, would be increased to the next higher category of offense. 
 
An elderly individual is defined as a person 65 years of age or older.  The age of victims in fraud cases in Texas is not known; however, elderly individuals are classified as a vulnerable victim group and are more susceptible to criminal acts.  Recent national studies have indicated that elderly individuals account for about 56 percent of all victims of fraud crime activities.  For the purposes of this analysis, it is assumed that 56 percent of the 3,532 state jail admissions to TDCJ and 498 misdemeanor probation placements for the offenses identified by this bill involved persons 65 years of age or older. 

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 Increase In Demand For Prison Capacity Increase In Parole Supervision Population
2006 26 28 99 26
2007 152 152 656 699
2008 286 180 1,212 2,024
2009 397 180 1,746 2,794
2010 442 180 2,280 2,888


Source Agencies:
LBB Staff:
JOB, GG