Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1102 by Lucio III (Relating to the penalty for theft of a pet.), As Introduced
The bill would amend the Penal Code by adding pet to the list of items for which theft is punishable as a state jail felony. The provisions of the bill that create new punishment or enhance existing punishment for criminal offenses are the subject of this analysis. Under current statute, theft is punishable at all offense levels and is based on the type and value of property stolen. At present, theft does not have specific provisions related to pets.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
Expanding the list of behaviors for which a penalty is applied 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. For this analysis, it is assumed that 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. It is expected that individuals who would be affected by the provision of the bill are currently being sentenced for other offenses.