Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1183 by Raymond (Relating to local option elections to legalize or prohibit the operation of eight-liners and the imposition of a fee on eight-liner owners; providing penalties.), As Introduced
The bill would amend the Election Code, Penal Code and Occupations Code as they relate to local options to legalize or prohibit the operation of eight-liners. 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, misrepresenting the purpose or effect of a petition with respect to eight-liners would be punishable as a Class B Misdemeanor. The bill would also define eight-liners add them to the list of gambling devices. Under the provisions of the bill, gambling promotion, keeping a gambling place, and possession of a gambling device, equipment or paraphernalia would be punishable at various levels (from a Class A Misdemeanor to a second degree felony) and depend on how much the monetary prize or value of goods was above the maximum specified in bill for a single play. At present, gambling promotion, keeping a gambling place, and possession of a gambling device, equipment or paraphernalia are Class A Misdemeanors.
A Class B Misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. 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). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. 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. 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, 96 people were arrested and 9 people were placed on misdemeanor community supervision for gambling promotion. In fiscal year 2010, 79 people were arrested and 11 people were placed on misdemeanor community supervision for keeping a gambling place. In fiscal year 2010, 80 people were arrested and 18 people were placed on misdemeanor community supervision for possession of a gambling device, equipment or paraphernalia. Although the value of the prize (monetary or value of goods) is unknown for these offenses, 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.