LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
 
April 27, 2011

TO:
Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1122 by Weber (Relating to the trafficking of persons.  ), Committee Report 1st House, Substituted

The bill would amend various sections of the Penal Code, Code of Criminal Procedure, Government Code, Family Code, Tax Code, and Civil Practices and Remedies Code as they relate to the prosecution, punishment, certain criminal consequences, and civil consequences of offenses involving or related to the trafficking of persons. The provisions of the bill that create new punishment or enhance existing punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill compelling prostitution of a child would be punishable as a first degree felony if the offense involves the trafficking of persons. At present compelling prostitution of a child is punishable as a second degree felony. The bill would also add offenses involving or related to the trafficking of persons and compelling prostitution to the sections of the Code of Criminal Procedure relating to the statute of limitations.
 
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. A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.
 
In fiscal year 2010, less than ten persons were arrested, admitted to prison, or placed on felony community supervision for offenses involving or related to the trafficking of persons. Expanding the list of offenses for which a penalty is applied or 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. Although the number of times in which a trafficking of persons offense involved children is unknown, for this analysis, it is assumed the number of offenders convicted under the provisions of the bill 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