Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3060 by Herrero (Relating to the punishment for the offense of tampering with a witness and the evidence that may be offered to show that offense.), As Introduced
The bill would amend the Penal Code as it relates to the punishment of tampering with a witness and the evidence that may be offered to show that offense. Under the provisions of the bill, the punishment for tampering would be enhanced to a second-degree felony from a third-degree felony or the most serious offense charged in the criminal case if the proceeding involves family violence or the defendant has previously been convicted of an offense involving family violence.
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 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.
The bill increases the penalty for certain offenses involving tampering with a witness or evidence. 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 168 felony arrests for tampering with a witness; 42 of these arrests were third-degree felonies, which are the arrests that would become a second-degree felony under the bill’s provisions if the proceeding involved family violence or the defendant had previously been convicted of an offense involving family violence. Additionally, there were 16 felony community supervision placements for official oppression and 9 admissions to Texas Department of Criminal Justice facilities.