Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3786 by Oliverson (Relating to eligibility for community supervision of defendants convicted of certain burglary offenses.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Code of Criminal Procedure as it relates to the eligibility for community supervision of individuals convicted of certain burglary offenses. Under the provisions of the bill, individuals convicted of burglary of a habitation who knew at the time of the offense that another person was present in the habitation would no longer be eligible for jury-recommended community supervision. This offense is punishable as a first degree or second degree felony, depending upon the specific circumstances of the offense.
A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years, and a second degree felony is punishable by confinement in prison for a term from 2 to 20 years. Both of these felonies are also punishable by an optional fine not to exceed $10,000.
Limiting the eligibility for community supervision for certain burglary offenses is expected to limit the options available for sentencing of this offense and result in increased demands on the correctional resources of the State. In fiscal year 2016, 9,244 individuals were arrested and 2,094 were placed under felony community supervision for burglary of a habitation. Data collected at the statewide level do not contain the detail necessary to isolate burglary offenses involving a habitation in which the individual knew at the time of the offense that another person was present in the habitation from all other burglary offenses and in how many of these instances those placed under community supervision were recommended by a jury. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact in the demand for state correctional resources.