LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 86TH LEGISLATIVE REGULAR SESSION
 
April 14, 2019

TO:
Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB3588 by Hunter (Relating to increasing the criminal penalties for the offenses of producing, directing, or promoting a sexual performance by a child and possessing child pornography.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB3588, As Introduced: an impact of $0 through the biennium ending August 31, 2021.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2020 $0
2021 $0
2022 $0
2023 ($196,427)
2024 ($2,237,086)




Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
2020 $0
2021 $0
2022 $0
2023 ($196,427)
2024 ($2,237,086)

Fiscal Analysis

The bill would amend the Penal Code to increase the punishment for the offenses of producing, directing, or promoting a sexual performance by a child and possessing child pornography. Under the provisions of the bill, punishment for these offenses would be increased from a third degree to a second degree felony or from a second degree to a first degree felony, depending upon the circumstances of the offense. The bill would take effect on September 1, 2019, and apply only to offenses committed on or after that date.

Methodology

Increasing the penalties for these criminal offenses is expected to result in additional demands upon the correctional resources of counties or of the state due to an increase in the length of stay on community supervision and an increase in the length of stay in state correctional institutions. In fiscal year 2018, 80 people placed under felony community supervision and 121 admitted into state correctional institutions would be impacted by the provisions of the bill. Since the average length of stay for individuals placed under community supervision for these offenses under the existing statute is over five years, no cost to community supervision would be realized in the first five years after the effective date of the bill. Costs for incarceration would not be realized until the fourth year after the effective date of the bill because the average length of stay for individuals admitted into state correctional institutions under existing statute is over two years and the average time between offense and admission to state correctional institutions is over one year. Costs are calculated at $62.34 per day for prison and are based on the LBB's January 2019 Criminal and Juvenile Justice Uniform Cost Report.
 
The net impact to the Texas Department of Criminal Justice is estimated to be $196,427 for fiscal year 2023 and $2,237,086 during fiscal year 2024. Costs in subsequent years would increase and be significant. The Office of Court Administration indicates the modifications outlined in the bill's provisions will not result in a significant fiscal impact to the state court system.


Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice
LBB Staff:
WP, LBO, LM, JPo