LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
March 20, 2009

TO:
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2086 by Moody (Relating to the prosecution and punishment of the offense of engaging in organized criminal activity.), As Introduced

The bill would amend the Penal Code to include the offenses of escape, permitting or facilitating escape, introducing or providing implements for escape, and prohibited substances and items in adult or juvenile correctional or detention facility or on property of the Texas Department of Criminal Justice or Texas Youth Commission as punishable as engaging in organized criminal activity.  The engaging in organized criminal activity provision increases the punishment of certain offenses to the next higher category.
 
In fiscal year 2008, 330 offenders were admitted to prison and state jail for escape, permitting or facilitating escape, introducing or providing implements for escape, and prohibited substances and items in adult or juvenile correctional or detention facility or on property of the Texas Department of Criminal Justice or Texas Youth Commission.  First-degree felony offenders received an average sentence length of approximately 26 years; second-degree felony offenders received an average sentence length of approximately 10 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 0.6 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 escape, permitting or facilitating escape, introducing or providing implements for escape, and prohibited substances and items in adult or juvenile correctional or detention facility or on property of the Texas Department of Criminal Justice or Texas Youth Commission.



Source Agencies:
LBB Staff:
JOB, TMP