TO: | Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB2950 by Mallory Caraway (Relating to the punishment of certain offenses committed by using a vehicle to enter a building or other structure.), As Introduced |
The bill would amend the Penal Code to increase the punishment of arson, criminal mischief, other property damage or destruction, robbery, burglary, criminal trespass, and theft to the next higher offense level if a vehicle was used to enter a building or structure through a wall, door, or window in the commission of the offense. Offenses punishable as felonies of the first degree or Class A misdemeanors are excluded from the enhancement. The bill would establish a minimum term of confinement of 180 days for certain offenses punishable as Class A misdemeanors.
A Class C Misdemeanor is punishable by a fine not to exceed $500.
A Class B Misdemeanor is punishable by confinement in a county jail for any term of not more than 180 days, or, in addition to confinement, a fine not to exceed $2,000.
A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.
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.
A felony of the second degree 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.
A felony of the first degree is punishable by imprisonment in the institutional division for any term of not more than 99 years or less than 5 years, or, in addition to confinement, a fine not to exceed $10,000.
The vehicle provision increases the punishment of certain offenses to the next higher category. 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. The additional impact to criminal justice populations from the bill would vary greatly depending on the number of times a vehicle was driven into or through a building or structure to commit arson, criminal mischief, other property damage or destruction, robbery, burglary, criminal trespass, or theft.
Source Agencies: |
LBB Staff: | JOB, GG, TM
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