LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
April 12, 2015

TO:
Honorable Geanie Morrison, Chair, House Committee on Environmental Regulation
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB3296 by Fletcher (Relating to an increase in punishment for certain persons convicted of theft of nickel-bearing alloys.), 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 punish theft of nickel-bearing alloys with a value of under $20,000 as a state jail felony. Currently, theft of any object with a value of $1,500 to $20,000 is punishable as a state jail felony. The bill's provisions would enhance the punishment of theft of a nickel-bearing alloy from various misdemeanor levels to a state jail felony if the value of the object was below $1,500.

Thefts of nickel-bearing alloys with a value of $1,500 to $20,000 are currently punishable as a state jail felony. Therefore, this analysis assumes the enhanced punishment included in the bill would apply to thefts of nickel-bearing alloys with a value under $1,500. In fiscal year 2014, there were 66,443 people were arrested and 13,033 placed under misdemeanor community supervision for the offense of theft with a value under $1,500. 

Additionally, in fiscal year 2014, 1,001 people were arrested, 252 placed under felony community supervision, and 333 admitted into state correctional facilities for the offense of theft of other metals similar to nickel-bearing alloys.

Increasing the punishment from a misdemeanor to a state jail felony is expected to result in increased demands upon the correctional resources of the state due to additional persons subject to placement on felony community supervision or confinement in state correctional facilities. Whether the bill would result in significant demands to state correctional resources is indeterminate due to a lack of statewide data that would enable the identification of which thefts with a value under $1,500 involved nickel-bearing alloys.



Source Agencies:
LBB Staff:
UP, LM, ESi