The bill would amend the Penal Code by enhancing the punishment for the offense of fraudulent use or possession of identifying information from a state jail felony to a felony of the third degree.  The change in law made by this bill would apply to an offense committed on or after September 1, 2007.

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.

For fiscal year 2006, the Texas Department of Criminal Justice (TDCJ) received 260 state jail admissions for the offense of fraudulent use or possession of identifying information. If the punishment for the offense of fraudulent use or possession of identifying information is enhanced from a state jail felony to a felony of the third degree, such offenders will be incarcerated for longer amounts of time.  For fiscal year 2006, third degree felons released from TDCJ were incarcerated for an average of 930 days, while state jail felons served an average of 306 days.  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: