LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
85TH LEGISLATIVE REGULAR SESSION
 
May 11, 2017

TO:
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
SB762 by Menéndez (Relating to the prosecution of offenses involving cruelty to animals; increasing a criminal penalty.), 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 prosecution of offenses involving cruelty to animals. Under the provisions of the bill, the number of previous convictions for certain acts of animal cruelty necessary for penalty enhancement would be reduced if an individual commits additional offenses related to certain acts of animal cruelty. The punishment for certain acts of animal cruelty would range from a misdemeanor to a felony with the punishment level based on the specific circumstances of the offense.
 
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years; a third degree felony is punishable by confinement in prison for a term from 2 to 10 years; and 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. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.
 
Decreasing the number of previous convictions required for penalty enhancement for any criminal offense is expected to result in greater demands on the correctional resources of the counties or of the State due to a potential increase 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, 149 individuals were arrested, 43 were placed under felony community supervision, and 22 were admitted into state correctional institutions for offenses related to certain acts of animal cruelty under existing statute. After reviewing the previous conviction history for those individuals placed under felony community supervision or admitted into state correctional institutions for certain acts of animal cruelty, 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.


Source Agencies:
LBB Staff:
UP, LM, RFL