Honorable Lyle Larson, Chair, House Committee on Natural Resources
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1257 by Kacal (Relating to the prosecution of and punishment for the offense of criminal mischief involving property used for flood control purposes or a dam.), As Introduced
The provisions of the bill addressed by this analysis would amend the Penal Code to expand the list of behaviors that constitute criminal mischief. Under the provisions of the bill, causing whole or partial impairment or interruption of property used for flood control purposes or a dam that results in the pecuniary loss of less than $30,000 would be punishable as a state jail felony.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A Misdemeanor punishment, and, in addition to confinement, an optional fine not to exceed $10,000.
Expanding the list of behaviors for which a criminal penalty is applied is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. This analysis assumes the provisions of the bill affecting felony sanctions would not result in a significant impact on the demand of state correctional resources. In fiscal year 2016, 205 individuals were arrested, 40 were placed under felony community supervision, and less than ten were admitted into state correctional institutions for criminal mischief.