Honorable Tommy Williams, Chair, Senate Committee on Transportation & Homeland Security
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB3423 by Lozano (Relating to certain criminal offenses committed in relation to a federal special investigator; providing criminal penalties.), As Engrossed
The bill would amend the Penal Code to expand the conditions for which the false report to peace officer or law enforcement employee provisions apply, including making a false statement to a federal special investigator; the offense would be punishable based on the current law and policy level, as a Class B misdemeanor. The bill would expand the conditions for which the evading arrest or detention provisions apply, including fleeing from a federal special investigator; the offense would be punishable based on the current law and policy levels, ranging from a Class A misdemeanor to a felony of the second degree. The bill would also expand the conditions for which the taking or attempting to take a weapon from certain officials apply, including taking or attempting to take a weapon from a federal special investigator; the offense would be punishable based on the current law and policy level, as a state jail felony or a felony of the third degree.
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.
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 jail, state jail or prison. However, in the case of this bill, 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.