Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB2577 by Miller, Sid (Relating to the unlawful use of a criminal instrument or mechanical security device; providing a penalty.), As Introduced
The bill would amend the Penal Code as it relates to unlawful use of a criminal instrument or mechanical security device. The provisions of the bill that enhance existing punishment or create new punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, unlawful use of a criminal instrument would be expanded to include mechanical security device. The bill defines mechanical security device as a device designed or manufactured by a locksmith to perform services for a customer who seeks entry to a structure, motor vehicle, or other property. Under current statute unlawful use of a criminal instrument is punishable at the misdemeanor and felony level.
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 and or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison. In fiscal year 2010, 133 people were arrested, 27 people were placed on community supervision (11 felony and 16 misdemeanor), less than five were admitted to state jail, and less than five were admitted to prison for unlawful use of a criminal instrument. Although the number of times a person used a mechanical security device to commit an offense is unknown, 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.