The bill would amend the Penal Code by enhancing the punishment for the offense of fraudulent use or possession of a person’s identifying information from a state jail felony to a felony of the third degree if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section. The bill would also expand the conditions for which the offense of fraudulent use or possession of a person’s identifying information would apply.  The bill would take effect September 1, 2005.
 
In fiscal year 2004 there were 240 state jail community supervision placements and 186 state jail admissions for the offense of fraudulent use or possession of a person’s identifying information.  The number of these cases that were repeat violators is unknown; however, sentencing studies indicate that 35 percent of similar offenders are repeat violators.  For the purposes of this analysis it is assumed that 35 percent of the 186 state jail admissions to TDCJ and 19 percent of the 240 state jail community supervision placements for the offense identified by this bill would serve additional time incarcerated as third degree felons because their offenses were repeat violations.  The bill affects a smaller percentage of the community supervision placements because it is assumed that many of the offenders that were sentenced to community supervision as state jail felons would also be sentenced to community supervision as third degree felons.  This assumption is based on an analysis of offenders sentenced to community supervision and incarceration in fiscal year 2004 for offenses punishable as a felony of the third degree.  The provision of the bill that would expand the definition of the offense could further increase the prison population depending on the extent to which the provision would be applied; however, it is not included in this analysis.
 
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: