Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB1790 by Taylor, Van (Relating to the punishment for the offense of fraudulent destruction, removal, or concealment of a writing that is attached to tangible property.), Committee Report 1st House, Substituted
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 fraudulent destruction, removal, or concealment of a writing that is attached to tangible property. Under the provisions of the bill, fraudulent destruction, removal, or concealment of writing attached to tangible property for sale would be a criminal offense. The punishment for this offense would range from a misdemeanor to a felony with the punishment level based on the magnitude of the pecuniary difference between the intended and the impaired price of the property for sale.
A first degree felony is punishable by confinement in prison for life or 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; 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.
Expanding the penalty range 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, 1,089 individuals were arrested and 171 were placed under misdemeanor community supervision for the offense of fraudulent destruction, removal, or concealment of writing attached to tangible property. 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.