Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB3260 by Van Arsdale (Relating to the penalties for certain gambling offenses and to the forfeiture of certain gambling devices, equipment, and paraphernalia.), As Introduced
The provisions of the bill that are the subject of this analysis would amend the Penal Code by enhancing the punishment for the offenses of gambling promotion, keeping a gambling place, and possession of gambling device, equipment, or paraphernalia from a Class A misdemeanor to a state jail felony.
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.
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation or longer terms of confinement in county jails or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. Due to the small number of offenders placed on community supervision for the offenses listed in this bill (66 total in fiscal year 2004), the increased workload and demand for State resources would probably not be substantial.