| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB6 by Zaffirini (Relating to the apprehension, prosecution, and punishment of individuals committing or attempting to commit certain sex offenses.), As Introduced |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2008 | ($142,369) |
| 2009 | ($142,369) |
| 2010 | ($142,369) |
| 2011 | ($142,369) |
| 2012 | ($142,369) |
| Fiscal Year | Probable Revenue Gain/(Loss) from GENERAL REVENUE FUND 1 |
Probable Revenue Gain/(Loss) from CRIME STOP ASSISTANCE ACC 5012 |
|---|---|---|
| 2008 | ($142,369) | ($401,000) |
| 2009 | ($142,369) | ($401,000) |
| 2010 | ($142,369) | ($401,000) |
| 2011 | ($142,369) | ($401,000) |
| 2012 | ($142,369) | ($401,000) |
The bill would amend the Code of Criminal Procedure by providing that during the investigation of the offense of online solicitation of a minor, an internet provider has specific deadlines in responding to a subpoena, search warrant, or court order, and provides a penalty provision if the provider does not comply with the statue. The bill would also require the Attorney General to establish a database of internet service providers located in
The bill would amend the Penal Code to allow punishment for the offense of online solicitation of a minor to run consecutively or concurrently. The Penal Code would also be amended to increase the level of offense from a state jail felony to a felony of the third degree for a person that communicates with a minor in a sexually explicit manner or distributes sexually explicit material. The level of punishment would be increased from a felony of the third degree to a felony of the second degree if the person solicits a minor to meet with the intent to have sexual contact, sexual intercourse, or deviate sexual intercourse.
The statute making online solicitation of a minor a criminal offense took effect on June 18, 2005. Estimating the impact of the enhancement provision, and the consecutive or concurrent provision of the bill cannot be determined due to the recent passage of the original statute.
Both the Office of the Attorney General and the Texas Department of Criminal Justice anticipate that any additional work resulting from the passage of this bill, to their respective agencies, could be reasonably absorbed with current resources.
The Office of the Governor anticipates the need for two full-time state employees to create and manage the specialized programs and financial rewards required by the bill. The salary of these employees is estimated at $36,000 each, for a total of $92,368.80 (including 28.29% in fringe benefits). Four regional trainings would be conducted by Crime Stoppers Advisory Council staff to advise and assist local crime stoppers organizations in implementing specialized programs, the cost of these trainings is estimated at $12,500 each (4 X $12,500 = $50,000).
The bill would require financial rewards to be paid by the Crime Stoppers Advisory Council for reports leading to the apprehension of a sex offender who has failed to register as required. According to the Texas Department of Public Safety (DPS), as of February 2007, Texas had 48,602 registered sex offenders, two percent of which (960) are reported as absconded, and 5,563 registered sex offenders’ with delinquent records (either through local law enforcement delinquent in updating records, or the offender has truly absconded). The Crime Stoppers Advisory Council estimates that of the 48,602 total registered sex offenders in
Total annual cost of the Crime Stoppers Advisory Council provision of the bill is $543,369 ($92,369 Wages and Benefits + $50,000 Training + $401,000 Rewards = $543,369).
| Source Agencies: | 301 Office of the Governor, 302 Office of the Attorney General, 696 Department of Criminal Justice
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| LBB Staff: | JOB, ES, SMi, GG
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