Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
SB9 by Williams (Relating to homeland security; providing penalties.), Committee Report 2nd House, Substituted
The provisions of the bill that are the subject of this analysis are the provisions that would deal with criminal sanctions. The bill would amend the Code of Criminal Procedure to include engaging in organized criminal activity, and directing activities of criminal street gangs, to the list of offenses considered for award of good conduct time and parole. The bill would amend the Government Code to provide conditions for parole eligibility for engaging in organized criminal activity, and directing activities of criminal street gangs, based on the actual calendar time served of the sentence, without considering good conduct time, and in no event less than two calendar years. The bill would also amend the Government Code to prohibit an inmate from being released to mandatory supervision if the inmate is serving a sentence for, or has been previously convicted of a first degree felony for engaging in organized criminal activity, or directing activities of criminal street gangs. The bill would reenact Section 71.02 (b) and (c) of the Penal Code, as amended by Acts of the 73rd Legislature, 1993, relating to establishing the level of punishment for certain offenses involving engaging in organized criminal activity, or conspiring to commit such offense; the minimum time of imprisonment for an offense punishable as a felony of the first degree would be 15 years. The bill would amend the Penal Code by providing conditions for which the directing activities of criminal street gangs provision would apply, and by removing specifications in reference to certain "criminal street gang"; the offense would be punishable as a felony of the first degree, with a minimum time of imprisonment of 25 years. Under current statute, directing activities of certain criminal street gangs is punishable as a felony of the first degree.
The bill would amend the Penal Code as it relates to the offense of evading arrest or detention; under the provisions of the bill, using a tire deflation device against an officer while evading arrest or detention would be third degree felony and causing serious bodily injury to another as a result of using a tire deflation device while evading arrest or detention would be a second degree felony. Using a vehicle to evade arrest or detention with no previous conviction for evading arrest or detention is currently a state jail felony and using a vehicle to evade arrest or detention with a previous conviction for evading arrest or detention is a third degree felony. Under the provisions of the bill, using a vehicle to evading arrest or detention would be a third degree felony with or without a previous conviction for evading arrest or detention. The bill would also amend the Penal Code to provide state jail punishment for intentionally or knowingly possessing, manufacturing, transporting, repairing or selling a tire deflation device, for the offense of prohibited weapons.
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. 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.
Expanding the list of behaviors for which a penalty is applied for any criminal offense 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 jail, state jail or prison. In the case of this bill, the impact on correctional populations would depend on how many persons would be prosecuted under the provisions of the bill, and the extent to which punishment would be enhanced under the proposed statute.
In fiscal year 2010, there were 2,483 people arrested, 161 admissions to state jail, and 283 placements on felony community supervision for evading arrest or detention with a vehicle. Based on arrest data and sentencing trends there would be approximately 90 admissions to prison and 194 placements on felony community supervision as a result of the evading arrest or detention enhancement portion of the provisions of the bill. For this enhancement portion of the bill, it is assumed the number of offenders convicted under these statutes would not result in a significant impact on the programs and workload of state and local correctional agencies; although the number of times someone uses a tire deflation device against an officer while evading arrest or detention or the number of times someone causes serious bodily injury to another as a result of using a tire deflation device while evading arrest or detention are unknown, it is assumed the number of offenders convicted under these statutes would not result in a significant impact on the programs and workload of state and local correctional agencies. In fiscal year 2010, less than five people were arrested, admitted to prison, or placed on felony community supervision for possession of prohibited weapons; although possession of a tire deflation device is not currently punishable as a criminal offense, it is assumed implementing the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies. In fiscal year 2010, approximately 1,666 individuals were arrested for engaging in organized criminal activity punishable at various level, misdemeanor and felony; of those arrested in fiscal year 2010, less than 10 were convicted of a first degree felony and sentenced to a term of incarceration in prison or placed on felony community supervision. In fiscal year 2010, less than 5 individuals were arrested, admitted to prison, or placed on felony community supervision for directing activities of certain criminal street gangs. For this analysis 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.