TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB1284 by Johnson (Relating to the offense of making or causing a false alarm or report involving a public or private institution of higher education.), As Engrossed

The bill would amend the Penal Code as it relates to the offense of making or causing a false alarm or report involving a public or private institution of higher education. The provisions of the bill that enhance existing punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, the punishment for making or causing a false alarm or report would be enhanced from a Class A misdemeanor to a state jail felony if the false alarm or report involves a public or private institution of higher education.
 
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 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 increases the penalty for making or causing a false alarm or report. This penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities. When an offense changes from a misdemeanor to a felony, the burden of confining convicted offenders transfers from the counties to the state. In fiscal year 2012, there were 317 people arrested and 56 people placed on misdemeanor community supervision for making or causing a false alarm or report. Based on arrest history data and direct court sentencing trends for the offense of making or causing a false alarm or report currently punishable as a state jail felony, it is assumed the number of offenders supervised or incarcerated under this enhancement would not significantly impact state correctional agency resources.