LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
May 22, 2009

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
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. ), Committee Report 2nd House, Substituted

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 if it recklessly causes another person to suffer bodily injury or death.  The bill would increase the punishment of recklessly damaging 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.  The bill would also allow the attorney general to have concurrent jurisdiction, with the consent of the appropriate local prosecutor or district attorney, to prosecute arson.

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.

 
It is assumed many persons convicted under this statute are currently being charged with other offenses and the bill 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.



Source Agencies:
LBB Staff:
JOB, GG, LM, TMP