Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB385 by Ortiz, Jr. (Relating to the prosecution and consequences of certain offenses involving graffiti; providing penalties.), As Introduced
The provisions of the bill that are the subject of this analysis are the provisions that authorize or require a change in the sanctions applicable to adults convicted of felony crime.
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. In fiscal year 2008, approximately 550 offenders were admitted to prison and state jail for arson, criminal mischief, reckless damage or destruction, interference with railroad property, and graffiti. First-degree felony offenders received an average sentence length of approximately 15 years; second-degree felony offenders received an average sentence length of approximately 6 years; third-degree felony offenders received an average sentence length of approximately 5 years; and state jail felony offenders received an average sentence length of approximately 0.9 years.
The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to the probable use of the engaging in organized criminal activity provision for the offenses of arson, criminal mischief, reckless damage or destruction, interference with railroad property, or graffiti.