LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
May 2, 2005

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
SB816 by Deuell (Relating to the offense of harassment by persons in certain correctional facilities and to creating the offense of harassment of public servant.), As Introduced

The bill would amend the Penal Code by creating the offense of harassment of public servant.  According to the bill, a person commits an offense if, with the intent to assault, harass, alarm, or annoy, the person causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty.  The offense would be punishable as a third degree felony.  If the actor consciously disregards a known substantial risk that the blood, seminal fluid, vaginal fluid, saliva, urine, or feces is infected with HIV, hepatitis B, or tuberculosis, the offense would be a second degree felony.  If a person contracts HIV, hepatitis B, or tuberculosis as a result of the offense, it would be punishable as a first degree felony. 

A third degree felony is punishable by imprisonment in the institutional division for any term of not more than ten years or less than two years, or, in addition to imprisonment, 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 imprisonment, 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.
 
Establishing new offenses or increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of the State due to longer terms of probation or longer terms of confinement in prison.   In the case of this bill, the increased workload and demand for resources would probably not be substantial.



Source Agencies:
LBB Staff:
JOB, GG, BT