LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION
 
April 15, 2007

TO:
Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB3247 by Riddle (Relating to the punishment for certain misdemeanor thefts.), As Introduced

No fiscal implication to the State is anticipated.

The bill would add subsection (f-1) to Section 31.03, Penal Code, to enhance to the next highest offense level Class C and Class B level misdemeanor thefts if it is shown at trial that in the commission of the theft the defendant caused an alarm to sound or otherwise activate in order to serve as a distraction from the commission of the offense. The bill would apply only to an offense committed on or after the effective date of the bill, which would be September 1, 2007.

A Class C misdemeanor is punishable by a fine not to exceed $500. A Class B misdemeanor is punishable by a fine not to exceed $2,000 and confinement in jail of not more than 180 days, or both. Therefore, if a Class C misdemeanor is increased to a Class B, the level of revenue from the fine could increase and jail costs could be incurred. A Class A misdemeanor is punishable by a fine not to exceed $4,000, confinement in jail of not more than one year, or both. Therefore, if a Class B misdemeanor is enhanced to a Class A, there could be an increase in revenue and an increase in jail costs.


Local Government Impact

The fiscal impact would vary by county, depending on how many such offense enhancements occur and the discretion of the court in imposing fines and jail time.

No significant fiscal implication to units of local government is anticipated.



Source Agencies:
LBB Staff:
JOB, ES, DB