LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
Revision 1
 
March 1, 2011

TO:
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB305 by Harless (Relating to the punishment prescribed for burglary of a vehicle.), As Introduced

The provisions of the bill that are the subject of this analysis would amend the Penal Code by making the offense of burglary of a vehicle punishable as a state jail felony if the defendant had any previous conviction for the offense identified in the bill. The offense of burglary of a vehicle is currently punishable as a state jail felony if the defendant has been previously convicted two or more times or the vehicle/part is a rail car; otherwise the offense is punishable as a Class A Misdemeanor.

A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. 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).

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 supervision in the community, or longer terms of confinement in county jail, state jail or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. In fiscal year 2010, there were 51 offenders placed on felony community supervision and 156 offenders admitted to state jail for the offense of burglary of a vehicle punishable as a state jail felony. The population impact as a result of the provisions of the bill will come from defendants who have been previously convicted of the offense of burglary of a vehicle and whose offense was previously punished as a Class A Misdemeanor but would now be punished as a state jail felony. In fiscal year 2010, there were 1,589 offenders placed on misdemeanor community supervision for a Class A Misdemeanor offense of burglary of a vehicle.

Based on arrest history data, direct court commitments, and revocation rates, it is estimated that approximately 28 percent of the individuals convicted of a state jail felony for the offense of burglary of a vehicle, and who have a criminal history for this offense, would be sentenced to a term of incarceration in a state jail as either a direct court commitment or as a result of felony community supervision revocation; the remainder of the individuals would be placed under felony community supervision annually as a result of the bill. In fiscal year 2010, approximately 13 individuals were convicted of a state jail felony for the offense of burglary of a vehicle. Under the provisions of the bill, it is estimated that approximately 10 percent of these individuals would have a criminal history for the offense of burglary of a vehicle and would be sentenced to a term of incarceration in a state jail. In fiscal year 2010, approximately 1,549 individuals were convicted of a Class A Misdemeanor for the offense of burglary of a vehicle;  it is estimated that approximately 81 percent of these individuals would have a criminal history for the offense of burglary of a vehicle and would be placed on felony probation.

Assuming that sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand upon the adult corrections agencies, is estimated as follows:




Fiscal Year Increase In Felony Community Supervision Population Increase In Demand For State Jail Capacity
2012 491 98
2013 1,213 103
2014 1,731 107
2015 2,087 111
2016 2,339 114


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