LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 1, 2013

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB2172 by Lucio III (Relating to the penalties prescribed for repeated violations of certain court orders or conditions of bond in a family violence case.), As Introduced

The provisions of the bill that are the subject of this analysis are the provisions that relate to criminal sanctions. The bill would amend the Penal Code by creating the offense of repeated violation of certain court orders or conditions of bond in a family violence case, which would be punishable as a felony of the third degree. The offense would be committed if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes a violation of certain court orders or conditions of bond in a family violence case.

 
A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the second degree 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.

 
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 jails or prison. In fiscal year 2012, 2,176 people were arrested and 335 were placed on misdemeanor community supervision for violation of certain court orders or conditions of bond in a family violence case. Of those arrested in fiscal year 2012, less than 30 people had been arrested at least twice within the 12 months preceding their 2012 arrest. Based on arrest data, criminal history data, and sentencing trends, it is assumed the number of offenders convicted under these statutes would not result in a significant impact on the programs and workload of State and local correctional agencies.



Source Agencies:
LBB Staff:
UP, GG, LM, JPo