Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1063 by Murphy (Relating to enhancing the penalties for certain repeat and habitual misdemeanor offenders.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Penal Code to enhance the penalty for repeat offenders in Class A and Class B misdemeanor cases. The bill would only apply to defendants on trial for a Class A or Class B misdemeanor that are subsequently convicted. Offenders who have been previously convicted for a Class A or Class B misdemeanor or any degree of felony would be held to existing penalties for repeat offenders.
A defendant convicted two or more times of a previous Class A or Class B misdemeanor or any degree of felony would be held to separate penalties as defined by the provisions of the bill. A defendant would be required to pay for electronic monitoring unless the court finds the defendant is unable to pay. The bill also would remove the punishment by fine for those previously convicted two or more times as specified in Section 12.43.
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both.
The bill would take effect September 1, 2011.
Local Government Impact
There would be costs associated with the electronic monitoring service and loss of fines previously imposed on repeat offenders. In addition, there would be costs associated with enforcement, prosecution and confinement; and revenue gain from fines imposed and collected, but the amounts would vary depending on the number of applicable offenders.
The Williamson County Community Supervision and Corrections Department (CSCD) reported there would be costs for two new employees, travel, supplies, and indigent expenses of $118,000 in fiscal year (FY) 2012; $130,700 in FY 2013; $144,500 in FY 2014; $158,500 in FY 2015; and $173,500 in FY 2016. In addition, there would be revenue losses for probation fee collections of $25,000 in FY 2012; $30,000 in FY 2013; $35,000 in FY 2014; $40,000 in FY 2015; and $45,000 in FY 2016. The Williamson County CSCD also stated the provisions would impact the probation fee collections as offenders would have more fees to pay.
The Brazos County CSCD reported there would be a cost of $75,000 in FY 2012 to 2016 for the electronic monitoring service. Brazos County CSCD also noted the costs for electronic monitoring for indigent offenders could be passed on to adult probation, along with the requirement to monitor compliance at a time when the county is preparing to eliminate offender services, not increase them.
Bexar County reported there would be estimated costs of $2,288,156 in FY 2012 to 2016 (Bexar County’s affected department current FY budget is $56,739,852). The county also stated that in FY 2009 to 2010, 14,926 cases were cleared. The county assumes that one percent of these cases would apply under the provisions of the bill and the county would be required to house those inmates out of the county.