LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
 
May 10, 2011

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB260 by Hilderbran (Relating to the prosecution and punishment of unlawful transport of a person.), As Engrossed

The bill would amend the Penal Code as it relates to the prosecution and punishment of unlawful transport of a person.  Under the provisions of the bill, unlawful transport would be a second degree felony. The bill would also allow for conduct constituting an offense under this section to be prosecuted under other sections of the Penal Code. At present, unlawful transport is punishable as a state jail felony.

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000.

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 2010, less than 15 people were arrested, placed on felony probation, or admitted to state jail for unlawful transport.  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.


Source Agencies:
LBB Staff:
JOB, ADM, GG, LM