LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 15, 2013

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB2827 by Burkett (Relating to the punishment for the offense of burglary of a vehicle and to grants of community supervision to persons who commit that offense.), As Introduced

The bill would amend the Penal Code as it relates to the punishment for the offense of burglary of a vehicle and to grants of community supervision to persons who commit that offense. Under the provisions of the bill, the punishment for burglary of a motor vehicle would be aligned to the amount of pecuniary loss to tangible personal property. Punishments would range from a Class B misdemeanor to a first degree felony depending on the amount of loss. Under current statute, burglary of a motor vehicle is punished as a Class A misdemeanor or a state jail felony depending on the circumstances of the offense, but is not aligned to amounts of pecuniary loss to tangible personal property.

 
A first-degree felony 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 second-degree felony 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 third-degree felony 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). 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 Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000.
 
The bill's provisions increase the criminal penalty for certain vehicle burglaries from a misdemeanor to a felony and the provisions increase the felony level of punishment for certain vehicle burglaries resulting in a higher level of pecuniary loss. Increasing a criminal penalty is expected to increase demands upon county and/or state correctional resources due to longer terms of community supervision or longer terms of confinement in county jail, state jail, or prison. Also when an offense changes from a misdemeanor to a felony, the burden of confining convicted offenders transfers from the counties to the state. The bill may have a negative fiscal impact by increasing the number of people on felony community supervision or incarcerated within state correctional institutions for burglary of a vehicle. Whether the bill would result in a significant amount of cost to the state is indeterminate due to a lack of statewide data on the exact amount of pecuniary loss to tangible personal property resulting from burglary of a vehicle. At present, data do not exist that would enable the determination of the amount of loss in these cases. In fiscal year 2012, there were 3,668 felony and 48,930 misdemeanor arrests; 63 felony and 1,365 misdemeanor placements on community supervision; and 265 admissions to state correctional facilities for burglaries of a vehicle. At present data do not exist that would enable the identification of those cases in which the amount of pecuniary loss would change the punishment level.


Source Agencies:
LBB Staff:
UP, ESi, GG, JGA