LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 3, 2009

TO:
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1618 by Pena (Relating to the civil and criminal prosecution of racketeering; providing penalties.), As Introduced

The bill would amend the Civil Practice and Remedies Code, Penal Code, and Code of Criminal Procedure as they relate to the criminal prosecution of racketeering.  The bill would make proceeds or assets acquired through racketeering or employment by or association with an enterprise that engages in racketeering as defined by the bill punishable as a third degree felony.  The bill would also provide for punishment enhancement to that of a second degree felony if the person hires, engages or uses a minor to commit an offense as defined by the bill.
 
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.
 
Expanding the list of offenses punishable by imprisonment 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. However, in the case of this bill, 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.  It is expected that individuals who would be affected by the provision of this bill are currently being sentenced for other, possible lesser felony, offenses.


Source Agencies:
LBB Staff:
JOB, GG, LM