LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 25, 2013

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB140 by Raymond (Relating to the punishment for the offense of manslaughter.), As Introduced

The bill would amend the Penal Code as it relates to the punishment for the offense of manslaughter. Under the provisions of the bill, delivering a controlled substance to someone who then consumes that substance without altering it and dies as a result of consuming that controlled substance would be a first-degree felony rather than a second-degree felony.

 

A first-degree felony 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. A second-degree felony 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.

 

The bill's provisions increase the penalty for certain manslaughter offenses. Increasing the penalty for any criminal offense is expected to increase demands on state and/or county correctional agency resources due to longer terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. However, in the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies' workload and programs. In fiscal year 2012, there were 84 arrests, 48 community supervision placements, and 78 state correctional facility admissions for manslaughter. Although the number of times someone delivered a controlled substance to another person who then consumed that substance without altering it and died as a result of consuming that controlled substance is unknown, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.



Source Agencies:
LBB Staff:
UP, ESi, GG, JGA