LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
May 15, 2009

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB750 by Davis, Yvonne (Relating to certain offenses that involve impersonating a peace officer or other public servant and misrepresenting the nature of certain property.), As Engrossed

The bill would amend the Penal Code by enhancing the punishment for the offense of impersonating a public servant from a felony of the third degree to a felony of the second degree if the actor commits the offense with the intent to commit an offense in addition to the offense under this section of the Penal Code.

 
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.

 
For fiscal year 2008, according to Texas Department of Criminal Justice (TDCJ) data, there were 18 admissions to prison and 29 placements on community supervision for the third degree felony offense of impersonating a public servant.  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