LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
85TH LEGISLATIVE REGULAR SESSION
 
May 4, 2017

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
SB1322 by Kolkhorst (Relating to increasing the punishment for certain conduct constituting the offense of possession or promotion of child pornography.), Committee Report 1st House, Substituted

The bill would amend the Penal Code as it relates to the punishment for certain conduct constituting the offense of possession or promotion of child pornography. Under the provisions of the bill, the list of behaviors for which a punishment would be enhanced would be expanded for certain offenses related to possession or promotion of child pornography if the victim was younger than 14 years of age at the time the image was made. The bill would also expand the list of offenses eligible for penalty enhancement in cases where an individual has previous convictions for certain offenses related to possession or promotion of child pornography. The punishment for certain possession or promotion of child pornography would range from a third degree to a first degree felony with the punishment level increasing in severity based on the number of previous convictions or the age of the child depicted. A first degree felony is punishable by confinement in prison for life or for a term from 5 to 99 years; a second degree felony is punishable by confinement in prison for a term from 2 to 20 years; and 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.

Enhancing the punishment for any criminal offense is expected to result in increased demands on the correctional resources of the counties or of the State due to a potential increase in the length of supervision for individuals placed under supervision in the community or a potential increase in the length of sentence for individuals sentenced to a term of confinement within state correctional institutions. In fiscal year 2016, 365 individuals were arrested, 88 were placed under felony community supervision, and 135 were admitted into state correctional institutions for certain offenses related to the possession or promotion of child pornography 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 offenses related to the possession or promotion of child pornography, this analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant increase in the demand for state correctional resources.


Source Agencies:
LBB Staff:
UP, LM, RFL