| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB1345 by Seliger (Relating to the creation of a criminal offense concerning the making of certain fraudulent claims.), As Introduced |
The bill would amend the Penal Code by creating a criminal offense concerning the making of certain fradulent claims. Punishment for making fradulent claims would range from a Class C Misdemeanor (less than $50) to a first degree felony ($200,000 or more) and would depend on the total value of the claim involved.
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 impact of the bill on correctional populations would depend on how many persons would be
prosecuted under the provision of the bill, and the extent to which punishment would be enhanced
under the proposed statute compared to existing statute. For this analysis it is assumed that the
number of offenders convicted under this statute would not result in a significant impact on the
programs and workload of state corrections agencies or on the demand for resources and services of
those agencies.
| Source Agencies: |
| LBB Staff: | JOB, GG, LM
|