| TO: | Honorable Helen Giddings, Chair, House Committee on Business & Industry |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB73 by Flynn (Relating to the protection of customer telephone records; providing a penalty.), As Introduced |
The provision of the bill that is the subject of this analysis would amend the Utilities Code by making the unauthorized or fraudulent procurement, sale or receipt of telephone records punishable as a state jail felony if the violation involves a single telephone record. The violation would be punishable as a felony of the third degree if the violation involves at least two but not more than 10 telephone records; and the violation would be a felony of the second degree if the violation involves more than 10 telephone records.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, 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 confinement, a fine not to exceed $10,000.
Establishing felony sanctions for unauthorized or fraudulent behavior is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. The impact of the bill would depend on the number of successfully prosecuted cases convicted under this statute. It is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.
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| LBB Staff: | JOB, GG
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