LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
May 21, 2015

TO:
Honorable Donna Campbell, Chair, Senate Committee on Veteran Affairs & Military Installations
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB11 by Bonnen, Dennis (Relating to the powers and duties of the Texas Department of Public Safety, military and law enforcement training, and the investigation, prosecution, punishment, and prevention of certain offenses; creating an offense and increasing a criminal penalty; authorizing fees.), Committee Report 2nd House, Substituted

The bill would amend the Penal Code to prohibit certain behaviors for pecuniary benefit under the offense of smuggling of persons. The bill would also create the new offense of continuous smuggling of persons and include this offense among other offenses eligible for prosecution under the offense of engaging in organized criminal activity. The bill would enhance the punishment for certain individuals convicted of engaging in organized criminal activity related to continuous smuggling of persons. 

 
Under the provisions of the bill, smuggling of persons, continuous smuggling of persons, and engaging in organized activity related to continuous smuggling of persons would be punishable at various felony levels, depending on the circumstance of the offense.

In fiscal year 2014, 344 people were arrested, 24 were placed under felony community supervision, and 20 were admitted into correctional institutions for the offense of smuggling of persons. This analysis assumes the bill's provisions related to the offense of smuggling of persons would not significantly impact state correctional populations, programs, or workloads.

The provisions of the bill which create the new offense of continuous smuggling of persons are not anticipated to significantly impact state correctional populations, programs, or workloads.

In fiscal year 2014, 3,761 people were arrested, 348 were placed under felony community supervision, and 524 were admitted into correctional institutions for the offense of engaging in organized criminal activity. There are many offenses eligible for prosecution under the offense of engaging in organized criminal activity, but no statewide data exist to indicate which specific offense was applicable to each person. The bill's provisions related to continuous smuggling of persons as an offense eligible for prosecution under the offense of engaging in organized criminal activity and related penalty enhancements are not anticipated to significantly add to the population of people currently arrested or convicted under the existing engaging in organized criminal activity statute and are not expected to significantly impact state correctional populations, programs, or workloads.




Source Agencies:
LBB Staff:
UP, LM, ESi