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:
HB2789 by Miller, Doug (Relating to creating a presumption regarding the possession of a controlled substance by a person who gives birth to a child who tests positive for the substance.), As Introduced

The bill would amend the Health and Safety Code to make giving birth to a child who tests positive for certain controlled substances within 72 hours of birth a rebuttable presumption that the person possessed less than one gram of that controlled substance within 30 days preceding the birth in the county of the birth.  Possession of less than one gram of a controlled substance listed in Penalty Group 1 is punishable as a state jail felony.

 

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.

 

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 number of people who give birth to a child who tests positive for a controlled substance listed in Penalty Group 1.


Source Agencies:
LBB Staff:
JOB, TMP