Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB3193 by Bailey (Relating to the offense of arson and to the sentencing of that offense; providing criminal penalties.), As Introduced
The bill would amend the Penal Code by making the offense of arson, under certain conditions, punishable as a felony of the third degree. The bill would also amend Article 42.12, Section 3g(a)(1) of the Code of Criminal Procedure by adding the offense of arson to the list of offenses for which judge ordered community supervision does not apply. The offense of arson is currently punishable as either a felony of the second degree or a felony of the first degree.
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: