Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB1498 by Metcalf (Relating to the prosecution of the offense of continuous sexual abuse of a young child or children.), As Introduced
The probable fiscal impact of implementing the bill is indeterminate due to a lack of data on the number of cases where at least one of the acts of sexual abuse was committed in-state and another was a violation of a similar penal law of another state. These data are necessary to determine the number of individuals who would now be eligible for prosecution under the bill's provisions because an act committed in another state contained elements substantially similar to those of this State.
Under the provisions of the bill, at least one of the acts of sexual abuse must occur in-state with other or subsequent acts eligible under the bill's provisions if the act was a violation of a similar penal law of another state. Expanding the circumstances for which a criminal offense can be applied is expected to result in additional demands on the correctional resources of the counties or of the State due to an increase in individuals placed under supervision in the community or sentenced to terms of confinement in state correctional institutions. The bill may have a negative fiscal impact by increasing the number of people placed onto felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant fiscal impact cannot be determined due to the lack of data on the number of cases where at least one of the acts was committed in-state and another was a violation of a similar penal law of another state. These data are necessary to determine the number of individuals who would now be eligible for prosecution under the bill's provisions because an act committed in another state contained elements substantially similar to those of this State. The fiscal impact to the state cannot be determined at this time. According to the Office of Court Administration, the modifications outlined in the bill's provisions will not result in a significant fiscal impact to the state court system.
Local Government Impact
According to the Office of Court Administration, the modifications outlined in the bill's provisions will not result in a significant fiscal impact to the local court systems.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice