Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
SB107 by Estes (Relating to prohibitions on engaging in conduct related to the manufacture of methamphetamine and to the regulation and wholesale distribution of certain chemical substances; providing penalties.), Committee Report 1st House, Substituted
The provision of the bill that is the subject of this analysis would amend the Health and Safety Code by including items used in the manufacture, processing, analyzing, storing, or concealing of methamphetamine in the offense of possession or transport of certain chemicals with intent to manufacture a controlled substance. An offense under this provision is punishable as a felony of the second degree if the controlled substance is listed in Penalty Group 1 or 1-A.
Since the bill proposes punishment for elements of criminal behavior for which there is no historical data, determining the impact of the felony provision bill on the criminal justice population is not possible. The number of persons in possession of materials designed, assembled, or adapted for use in the manufacture, processing, analyzing, storing, or concealing of methamphetamine is unknown. The provisions of the bill would make such actions punishable as felony offenses and the impact on the community supervision population or incarcerated population could be significant depending on the frequency of arrests and prosecutions for the newly created and enhanced offenses.