LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
April 29, 2015

TO:
Honorable Allen Fletcher, Chair, House Committee on Emerging Issues In Texas Law Enforcement, Select
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB3165 by Bohac (Relating to warrants issued to obtain cell site information through the use of a cell site simulator device; public access to certain information relating to investigatory equipment; creating criminal offenses.), As Introduced

The provisions of the bill addressing felony sanctions for criminal offenses are the subject of this analysis. The bill would amend the Penal Code to prohibit the installation or use of certain cell site simulator devices and provide defenses to prosecution for this offense in certain situations. Currently, unlawful use of pen registers or trap and trace devices is prohibited in certain circumstances and punishable as a state jail felony. The bill would add cell site simulator devices to this list of prohibited devices in certain circumstances and make the installation or use of these prohibited devices a state jail felony.

A state jail felony is punishable by confinement in a state jail for 180 days to two years and an optional fine not to exceed $10,000.

Expanding the types of behavior subject to criminal penalties is expected to result in greater demand on state correctional resources due to additional people potentially placed under felony community supervision or admitted into state correctional institutions. In fiscal year 2014, fewer than 10 people were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for unlawful use of pen registers or trap and trace devices. Therefore, this analysis assumes the bill's provisions would not result in a significant impact on state correctional populations, programs, or workloads.





Source Agencies:
LBB Staff:
UP, ESi, LM