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

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB1176 by Patrick, Dan (Relating to the punishment prescribed for the offense of evading arrest or detention and to creating the offense of evading felony arrest or detention.), As Introduced

The bill would amend the Penal Code to make evading arrest or detention punishable as a state jail felony if the actor has a prior conviction for evading arrest or detention.  The offense is currently punishable as a Class B misdemeanor.  The bill creates the offense of evading felony arrest or detention punishable as a felony of the third degree or felony of the second degree depending on the circumstances.
 

A Class B Misdemeanor is punishable by confinement in a county jail for any term of not more than 180 days, or, in addition to confinement, a fine not to exceed $2,000.

 
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.
 
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.  When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement and/or supervision of convicted offenders from the counties to the State.  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 times evading arrest or detention is committed by an actor with a prior conviction of evading arrest or detention or the number of times an actor evades arrest or detention for a felony offense.


Source Agencies:
LBB Staff:
JOB, GG, TMP