Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1410 by Bonnen (Relating to the punishment for the offense of attempted murder.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Penal Code as it relates to the punishment for the offense of attempted murder. Under the provisions of the bill, attempted murder would be punishable by imprisonment for a period not less than two years and not more than 30 years and a fine of $10,000. Under current statute, preparatory offenses are punished one category lower than the offense attempted making attempted murder punishable as a first degree or second degree felony and is based on the specific circumstances of the offense.
The bill would take effect on September 1, 2011 and apply only to an offense committed on or after that date.
Establishing a minimum term of imprisonment is expected to result in increased demands upon the correctional resources of the State due to longer terms of confinement in prison. In fiscal year 2010, less than 15 people were arrested and less than five people were admitted to prison for attempted murder. For this analysis, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies or on the demand for resources and services of those agencies. According to the Comptroller of Public Accounts the fiscal impact to the state as a result of the fine cannot be determined because the fine is permissive.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts