Honorable Byron Cook, Chair, House Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3322 by Guillen (Relating to the use of certain words to imply that a person who is not an attorney is authorized to practice immigration law and the prosecution of a cause of action arising from that practice and educational requirements for a notary public appointment; authorizing a fee; affecting the prosecution of a criminal offense.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. Under the provisions of the bill, notary publics who offer language translation or typing services for compensation would not violate the applicable section of the Government Code for representation as an attorney. This offense is punishable as a Class A misdemeanor, unless it is shown at the time of the trial the individual has been previously convicted under the applicable statute, in which case the offense would be punishable as a third degree felony.
A third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, most felony offenses are also subject to an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in a county jail for a term not to exceed one year and/or a fine not to exceed $4,000.
Narrowing the list of behaviors for which a criminal penalty is applied is expected to result in a decrease in the demand for the correctional resources of the counties or of the State due to a potential decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2016, fewer than 10 individuals were arrested, fewer than 10 were placed under community supervision, and fewer than 10 were admitted into state correctional institutions for the offense of representation as attorney under the Government Code. Although data do not exist that would allow those cases in which an individual met the requirements outlined in the bill's provisions to be isolated from all other cases, this analysis assumes the reduction would not result in a significant impact on the demand for state correctional resources.