TO:	Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB130 by Dutton (Relating to the penalty for certain offenders for possession of a small amount of certain controlled substances.), As Introduced

The provisions of the bill addressing felony sanctions to amend the Health and Safety Code and Code of Criminal Procedure as they relate to the punishments for the possession of certain amounts of controlled substances are the subject of this analysis. The bill would reduce the punishment for possession of controlled substances in Penalty Groups 1 (less than one gram), 1-A (fewer than 20 abuse units), and 2 (less than one gram) from a state jail felony to a Class A misdemeanor with a minimum term of confinement of 180 days. The bill would also reduce the punishment for possession of less than a gram of controlled substances in Penalty groups 1 and 2 in a drug-free zone from a third degree felony to a Class A misdemeanor with a minimum term of confinement of 180 days. Individuals with certain previous convictions would not be subject to the bill's provisions. In fiscal year 2016, 3,681 people subject to the bill's provisions were admitted into state correctional facilities and 6,659 were placed on felony community supervision. Certain individuals with previous convictions would not be subject to the penalty reductions included in the bill; these individuals are not included in the figures listed above. Assuming sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand on the adult corrections agencies, is estimated as follows: