LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 6, 2009

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB1281 by Williams (Relating to the fraudulent obtaining of a controlled substance from a practitioner; providing a penalty.), As Introduced

The bill would amend the Health and Safety Code by making attempting to obtain a prescription for a controlled substance or combination of controlled substances by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact (an existing prescription for a controlled substance issued for the same period of time by another practitioner) a criminal offense.  Under the provisions of the bill, a substance listed in Schedule V would be punishable as a class A misdemeanor, a substance listed in Schedule III or IV would be punishable as a third degree felony, and a substance listed in Schedule I or II would be punishable as a second degree felony.  

The number of individuals convicted under the provisions of the bill is not expected to result in increased demands upon the correctional resources of counties or of the State since it is assumed individuals who would be affected by the provisions of this bill are currently being sentenced for other, possibly lesser felony, offenses. 



Source Agencies:
LBB Staff:
JOB, GG, LM