Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2637 by Frullo (Relating to the fraudulent use of identifying information by certain sex offenders; providing criminal penalties.), As Introduced
The bill would amend the Code of Criminal Procedure as it relates to the fraudulent use of identifying information by certain sex offenders and criminal penalties. Under the provisions of the bill, the punishment for fraud and avoiding sex offender registration is increased to the next highest degree for offenders misrepresenting their identity in order to avoid or attempt to avoid compliance with sex offender registration requirements. Under current law, punishment for failure to comply with sex offender registration requirements ranges from a state jail felony to a second-degree felony; and if the offender has a prior conviction, the punishment is enhanced to the next highest degree. Under current law, punishment for fraudulent use or possession of identifying information ranges from a state jail felony to a first-degree felony; and if the victim is an elderly individual, the punishment is enhanced to the next highest degree.
A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 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. 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 state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision).
The bill increases the penalty for certain sex offenders. Increasing the penalty for any criminal offense is expected to increase demands on state and/or county correctional agency resources due to longer terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. However, in the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies’ workload and programs. In fiscal year 2012, there were less than ten (10) arrests on the same day for both fraud and avoiding sex offender registration.