Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
HB3224 by Madden (Relating to the prosecution and punishment of the offense of arson.), As Introduced
The bill would amend the Penal Code to make intentionally starting a fire or causing an explosion punishable as a state jail felony if a building belonging to another person is recklessly damaged or destroyed or another person suffers bodily injury or death. The bill would increase the punishment of reckless damage of a building, habitation, or vehicle if the person intentionally started a fire in or on a building, habitation, or vehicle with the intent to damage or destroy property of another or injure another from a felony of the third degree to a felony of the first degree or felony of the second degree depending on the circumstances.
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.
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. In fiscal year 2008, approximately 20 offenders were admitted to prison for third-degree felony arson. It is assumed many persons convicted under this statute are currently being charged with other offenses and additional persons convicted would not result in a significant impact on programs and workload of state corrections agencies or on the demand for resources and services of those agencies.