LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 23, 2007

TO:
Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB192 by Miller (Relating to the punishment prescribed for certain attempts to commit an offense on school premises or on the premises of a school-sponsored activity.), As Introduced

The bill would amend the Code of Criminal Procedure by creating a finding regarding an attempt to commit an offense under Chapter 20, 21, or 22, Penal Code, on school premises or premises of school-sponsored activity.  At the time of the attempt, the actor must be 18 years of age or older and the intended victim must be younger than 14 years of age.  The bill would amend the Penal Code by making an attempt to commit an offense under Chapter 20, 21, or 22 on school premises or premises of school-sponsored activity, with the actor 18 years of age or older and the intended victim younger than 14 years of age, punishable by the same offense level as the offense attempted.  Criminal attempt is punishable as one category lower than the offense attempted.

 

Increasing the penalty for any criminal offense 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.  In fiscal year 2006, approximately 400 offenders were admitted to prison or state jail for an attempt to commit an offense under Chapter 20, 21, or 22, Penal Code; however, it is unknown how many of those offenses occurred on school premises or premises of school-sponsored activity or the ages of the offenders and intended victims. 

 

The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information regarding attempts to commit certain offenses on school premises or premises of school-sponsored activity or the ages of the offenders and intended victims.


Source Agencies:
LBB Staff:
JOB, TM