LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
March 23, 2015

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB563 by Dutton (Relating to the prosecution of and punishment for the offense of official oppression.), As Introduced

The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to enhance the penalty for the offense of official oppression. Under the provisions of the bill, the punishment for official oppression would be enhanced from a Class A misdemeanor to a third degree felony when the offender is a peace officer who intentionally subjects another to excessive physical force.  

A third degree felony is punishable by confinement in prison for two to ten years and an optional fine not to exceed $10,000. 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. 
 
This bill's provisions increase the penalty for official oppression, and this penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for placement under felony community supervision and incarceration in state correctional facilities.  In fiscal year 2014, 50 people were arrested and 14 people were placed under misdemeanor community supervision for official oppression.  A statewide repository containing the level of detail necessary to isolate those individuals arrested or placed under misdemeanor community supervision for official oppression under the circumstances in which the offense would be enhanced is not currently available.  This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies, programs, or workloads.








Source Agencies:
LBB Staff:
UP, LM, JPo