LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 12, 2007

TO:
Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB11 by Carona (Relating to homeland security; providing a penalty.), Committee Report 1st House, Substituted

The provision of the bill that is the subject of this analysis would amend the Penal Code by enhancing the punishment for the offense of burglary of a vehicle from a Class A misdemeanor to a state jail felony.  The change in law made by this Act applies only to an offense committed on or after September 1, 2007.
 
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment.  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.
 
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: 



Fiscal Year Increase In Felony Community Supervision Population Increase In Demand For State Jail Capacity
2008 166 149
2009 959 807
2010 1,812 956
2011 2,514 959
2012 2,796 998

After five years of cumulative impact, the increased community supervision population and the increased demand for state jail capacity will continue as long as the provisions of the bill are implemented. 

 

The bill would also amend the Transportation Code relating to violations involving certificates of title and registration of vehicles.  Under certain conditions a violation involving dealer’s and manufacturer’s vehicle license plates would be enhanced from a misdemeanor to a state jail felony.  This analysis show no additional impact to correctional populations from this provision. 



Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice
LBB Staff:
JOB, GG