Honorable Craig Estes, Chair, Senate Committee on Natural Resources & Economic Development
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB208 by West (relating to the regulation of metal recycling entities; providing an administrative penalty; creating a criminal offense.), Committee Report 1st House, Substituted
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Occupations Code as it relates to the regulation of metal recycling entities. Under the provisions of the bill, knowingly selling or purchasing an explosive device that results in an individual's death or serious bodily injury as a result of the detonation of an explosive device would be punishable as a second degree felony.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000.
Creating a new offense 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 a potential increase in the number of individuals sentenced to a term of supervision in the community or to a term of confinement within state correctional institutions. However, this analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.