LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
March 24, 2009

TO:
Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB366 by Carona (Relating to the imposition of consecutive sentencing for offenses committed by a member of a criminal street gang.), As Introduced

The bill would amend the Penal Code to require sentences to run consecutively if multiple convictions arise out of the same criminal episode with participation in a criminal street gang a finding or element of each offense.  The bill would also require a second or subsequent conviction with a finding or element of the underlying offense participation in a criminal street gang to commence on completion of the previous sentence.

 

The bill would take effect on September 1, 2009 and would apply to an offense committed on or after the effective date.

 

Requiring sentences to run consecutively rather than concurrently 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.  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 or types of offenses committed with a finding or element of the offense participation in a criminal street gang.


Source Agencies:
LBB Staff:
JOB, TMP