LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 8, 2009

TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	SB1391 by Wentworth (Relating to the prosecution and punishment of the offense of criminal trespass.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Penal Code regarding offense levels for the offense of criminal trespass. Depending on the circumstances, the offense would be a Class C, Class B, or Class A misdemeanor. The bill would also add as a criminal trespass offense the act of entering or remaining on residential land of another and, having been previously notified that entering the land was prohibited or told to depart, fails to comply.

It is assumed that any costs associated with enforcement and prosecution could be absorbed within existing resources. Revenue collected as a result of fines imposed would depend on the number of cases prosecuted and the discretion of the judge in imposing the amount of fine.

Local Government Impact

In addition to costs and revenue described above, counties could incur costs associated with confining offenders in the county jail as part of the sentence imposed. However, depending on the number of cases for which jail time is imposed, it is assumed that costs could be absorbed within existing resources.

Source Agencies:

LBB Staff:

JOB, ESi, DB