LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 16, 2013

TO:
Honorable Byron Cook, Chair, House Committee on State Affairs
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB793 by Lozano (Relating to the prosecution and punishment of the smuggling of persons.), Committee Report 1st House, Substituted

The bill would amend the Penal Code as it relates to the offense of smuggling of persons.  The bill adds assists, guides, or directs three or more individuals to enter or remain on agricultural land without the effective consent of the owner to the definition of this offense.  Under current law smuggling of persons is a state jail felony or third degree felony, depending upon the circumstances.  The bill also adds to the circumstances that make the offense a third degree felony that the person involved in the offense knowingly possessed a firearm.

 

A state jail felony is punishable by confinement in a state jail for a term of 180 days to two years and, in addition to confinement, a fine not to exceed $10,000. A third-degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.

 

The bill's provisions expand the list of behaviors included in the offense of smuggling of persons.  This penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for community supervision and confinement in state correctional facilities.  However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.  In fiscal year 2012, there were 125 arrests, 10 community supervision placements, and less than ten admissions to prison for the offense of smuggling of persons.


Source Agencies:
LBB Staff:
UP, GG, JPo