LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 8, 2013

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB2219 by Wu (Relating to the punishment for the offense of attempted murder.), As Introduced

The bill would amend the Penal Code as it relates to the punishment for the offense of attempted murder. Under the provisions of the bill, attempted murder would be punishable by a second degree felony with a maximum term of imprisonment for 40 years if the actor caused serious bodily injury to another in the nature of a traumatic injury that results in a persistent vegetative state. Under current statute, preparatory offenses are punished one category lower than the offense attempted making attempted murder punishable as a second degree or third degree felony, depending upon the circumstances. 

 

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

 

The bill's provisions increase the punishment for attempted murder, under certain circumstances.  Increasing the punishment for any offenses is expected to increase demands on state correctional resources by increasing the terms of confinement for offenders eligible for 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 66 arrests and ten admissions to prison for the offense of attempted murder.  Data is not available to determine how many of these offenses involved serious bodily injury that resulted in a person going into a persistent vegetative state.



Source Agencies:
LBB Staff:
UP, GG, JPo