Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3948 by Geren (Relating to the punishment for the offense of tampering with or fabricating physical evidence.), As Engrossed
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to the punishment for the offense of tampering with or fabricating physical evidence. Under the provisions of the bill, the punishment for tampering with or fabricating physical evidence would be reduced from a third degree felony to a Class A misdemeanor under certain circumstances.
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 subject to an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both.
Reducing the punishment for any offense is expected to result in decreased demands upon the correctional resources of the counties or of the State due to an expected decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. Whether the bill would have a significant impact on correctional populations is indeterminate due to the lack of statewide data related to the number of individuals who engaged in the offense of tampering with or fabricating physical evidence in connection to investigations or official proceedings related to offenses punishable only as a misdemeanor. In fiscal year 2016, 5,045 individuals were arrested, 613 were placed under felony community supervision, and 621 were admitted into state correctional institutions for offenses related to tampering with or fabricating physical evidence under existing statute.