LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 14, 2009

TO:
Honorable Eddie Lucio, Jr., Chair, Senate Committee on International Relations & Trade
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB2195 by Williams (Relating to the creation of and penalties for certain offenses that take place at or involve an attempt to cross an international border.), As Introduced

The bill would make Unauthorized use of a Motor Vehicle, Unlawful Carrying of a Weapon, and Prohibited Weapons punishable as a second degree felony if at the time the offense was committed the person was traveling on a bridge toward Mexico.  The bill would also make Hindering Apprehension or Prosecution punishable as a second degree felony if the person had the intent to transport the other person across an international boundary.  The bill would create a new offense, Unlawful Transportation of Currency, and make it punishable as a second degree felony.

 

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. 


Enhancing punishment for criminal behavior 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 jai
ls or prison.  In fiscal year 2008, approximatley 863 offenders were placed on community supervision and one person was admitted to prison for the offenses addressed in the bill.  The impact on the adult correctional population will likely be as a result of the provision which allows for the penalty to be enhanced from that of a misdemeanor to a felony.  It is important to note the physical location where the offenses addressed in the bill were committed is not contained within statewide criminal history data or records.  Therefore, the number of offenders with punishment enhanced to a second degree felony as a result of the bill can not be determined because complete criminal history information is not available for basing assumptions related to the circumstances which would activate punishment enhancement.  



Source Agencies:
LBB Staff:
JOB, GG, LM