Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB3384 by Madden (Relating to the penalties for repeat and habitual felony offenders.), As Engrossed
The bill would amend the Penal Code as it relates to the penalties for repeat and habitual felony offenders. Under the provisions of the bill, a previous conviction for a state jail felony offense would no longer be allowed to be considered for most enhancement purposes. The bill would allow for punishment to be enhanced to a third degree felony if it is shown at the trial of a state jail felony that the defendant had been previously convicted of two state jail felonies.
Removing state jail felony convictions from the list of felonies considered for enhancement purposes is expected to result in decreased demands upon the correctional resources of counties or of the State due to shorter terms of probation, or shorter terms of confinement in county jails or prison. In fiscal year 2010, there were 23,537 admissions to state jail and 36,180 admissions to prison. Of those admissions to prison, 6,101 were admissions in which punishment was enhanced as a result of a previous felony conviction. Of those admissions to state jail, 643 were admissions in which punishment was enhanced as a result of a previous felony conviction. It is unknown how many people admitted to state jail or how many admitted prison had previous felony convictions that included a conviction for a state jail felony. The number of placements on felony community supervision whose felony punishment was enhanced as a result of a previous state jail felony conviction is also unknown. The probable impact on criminal justice populations as a result of implementing the bill cannot be determined due to the unavailability of reliable data or information related to the specific types of felony convictions (state jail, third degree. second degree, and or first degree felonies) used for enhancement purposes.