Honorable Tryon D. Lewis, Chair, House Committee On Judiciary & Civil Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1043 by Lewis (Relating to the offense of the unauthorized duplication of certain recordings.), As Introduced
The bill would amend the Business and Commerce Code as it relates to the offense of unauthorized duplication of certain recordings. The provisions of the bill that relate to the existing punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, the punishment for unauthorized duplication of certain recordings would not apply to certain persons or providers meeting the select provisions of the bill. Under current law, unauthorized duplication of certain recordings is punishable by imprisonment in a state correctional institution or confinement within a county jail and is based on the specific nature of the offense, frequency of the offense, and previous convictions for this offense.
The impact of the bill on correctional populations would depend on how many fewer persons would be prosecuted under the proposed statute compared to existing statute. In fiscal year 2012, there were less than 5 people arrested, less than 5 people placed under felony community supervision, and less than 5 people admitted to prison or state jail for the offense of unauthorized duplication of certain recordings. It is assumed the reduction in the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.