Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB671 by Darby (Relating to the penalty for theft from a nonprofit organization.), As Engrossed
The bill would amend the Penal Code to increase the punishment of theft to the next higher category of offense if the property belongs to a nonprofit organization. Felonies of the first degree are excluded from the enhancement. Theft is currently punishable at all offense levels depending upon the type and value of property stolen.
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 bill increases the punishment of theft of property belonging to a nonprofit organization to the next higher category. 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. The additional impact to criminal justice populations from the bill would vary greatly depending on the number of times theft of a nonprofit occurred.
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 circumstances involved in theft of property belonging to a nonprofit organization.