LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
May 4, 2007

TO:
Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1997 by Gonzalez Toureilles (Relating to the creation of the offense of unlawful transport of an illegal alien. ), Committee Report 1st House, Substituted

The bill would amend the Penal Code by creating the offense of unlawful transport of an illegal alien punishable as a state jail felony except that it would be punishable as a felony of the third degree if committed for pecuniary benefit or if there is substantial likelihood that the illegal alien will suffer bodily injury.

 

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 felony of the third degree 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.

 

Broadening the definition of the types of behavior punishable is expected to result in increased demands upon the correctional resources of counties or of the State due to an increase in offenses.  It is expected that individuals who would be affected under the provisions of this bill are currently being sentenced under federal statute.  According to the Bureau of Justice Statistics Compendium of Federal Justice Statistics, 2004, there were 39,135 arrests nationwide for immigration offenses between October 1, 2003 and September 30, 2004.  Approximately 11 percent of those arrests were for alien smuggling.  It is unknown how many of those arrests took place in Texas or, how many in the future would be convicted under this statute versus federal statute.  The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to the circumstances involved in the unlawful transport of illegal alien and future prosecutorial decisions to try these cases in state versus federal court.


Source Agencies:
LBB Staff:
JOB, TM