LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 30, 2007

TO:
Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB183 by Estes (Relating to enhancing the penalty for the manufacture of certain controlled substances if a child is present on the premises where the offense is committed.), As Engrossed

The bill would amend the Health and Safety Code by providing that if it were shown at the punishment phase of a trial for the manufacture of a controlled substance listed in penalty group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where the offense was committed:  1) the punishment for less than one gram would increase from a state jail felony offense to a third degree felony offense and the punishment for one gram or more but less than four grams would increase from a second degree felony offense to a first degree felony offense; 2) the minimum term of imprisonment for two hundred grams or more but less than four hundred grams would increase from ten years to fifteen and the maximum fine would increase to $150,000; and 3) the minimum term of imprisonment for four hundred grams or more would increase from fifteen years to twenty years and the maximum fine would increase to $300,000. 
 
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 second degree felony 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 first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.
 
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 prison.  The impact of the bill would depend on the number of offenders that manufacture controlled substances listed in penalty group 1 with children present.  The impact of the bill would also depend on the number of future offenders that would receive longer sentence lengths as a result of the proposal. 
 
The probable impact of implementing the bill cannot be determined due to the unavailability of reliable data or information related to the manufacture of controlled substances listed in penalty group 1 with children present.


Source Agencies:
LBB Staff:
JOB, GG