Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
SB1256 by Carona (Relating to the prevention and prosecution of, and punishment prescribed for engaging in, organized criminal activity in a gang-free zone.), As Engrossed
The provisions of the bill that are the subject of this analysis are provisions that would create or enhance felony punishments for offenders. The bill would create gang-free zones and increase punishment for offenses of engaging in organized criminal activity to the next higher category of offense if they occur in gang-free zones. Offenses punishable as felonies of the first degree would not be increased to the next higher category.
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 470 offenders were admitted to prison and state jail and approximately 400 offenders were released from prison and state jail for engaging in organized criminal activity. The probable impact of implementing the bill cannot be determined due to the unavailability of reliable data or information related to the number of times the offense of engaging in organized criminal gang activity occurred in an area to be designated a gang-free zone.