Honorable Tommy Williams, Chair, Senate Committee on Transportation & Homeland Security
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
SB197 by West (Relating to the compulsory inspection of motor vehicles; providing penalties.), Committee Report 1st House, Substituted
The bill would amend the Transportation Code as it relates to the compulsory inspection of motor vehicles. The provisions of the bill that are the subject of this analysis are the provisions that would deal with felony sanctions. The bill would create the offense of fraudulent emissions inspection of motor vehicle, punishable as a Class B Misdemeanor; a person would commit the offense identified in the bill if the person places or causes to be placed on a motor vehicle certain fraudulent inspection certificate, manipulates an emissions test result, or uses or causes to be used certain fraudulent emission data. Punishment would be enhanced to a Class A Misdemeanor for a second or subsequent offense, and to a state jail felony if it is found on trial that the person acted with the intent to defraud or harm another person. Under current statute, an offense related to the compulsory inspection of vehicles involving the making or possession with the intent to sell or circulate of a counterfeit inspection certificate or insurance document, or the possession of certain devices used in making a counterfeit inspection certificate or insurance document, is punishable as a second degree felony if the person acted with the intent to defraud or harm another person; otherwise the offense is a third degree felony.
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).
Creating a 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. The impact of the bill 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, approximately 21 individuals were arrested, less than 5 were admitted to prison, and less than 10 were placed under felony or misdemeanor community supervision for an offense related to the compulsory inspection of vehicles involving the making or possession with the intent to sell or circulate of a counterfeit inspection certificate or insurance document, or the possession of certain devices used in making a counterfeit inspection certificate or insurance document. Although the number of persons who would be prosecuted under the proposed statute is unknown, 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.