| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board |
| IN RE: | HB427 by Shaheen (Relating to the punishment for the offense of fraudulent destruction, removal, or concealment of a writing that is attached to tangible property; enhancing 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 punishment for the criminal offense of fraudulent destruction, removal, or concealment of certain kinds of writing attached to tangible property. 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 level offenses can be subject to an optional fine not to exceed $10,000.
Expanding the penalty range for any criminal offense 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, sentenced to terms of confinement in state correctional institutions, or placed under parole supervision. In fiscal year 2018, 1,097 individuals were arrested, fewer than ten were placed under felony community supervision, and fewer than ten were incarcerated within state correctional institutions for this offense. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.
| Source Agencies: |
| LBB Staff: | WP, LM, SPa
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