LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
May 20, 2019

TO:
Honorable Dennis Bonnen, Speaker of the House, House of Representatives
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB1343 by Leach (Relating to persons who may be prosecuted for the criminal offense of improper contact with a victim.), As Passed 2nd House

The bill would amend various codes as they relate to improper contact with a victim, sex offender registration, protective orders, and punishment for violation of protective orders. Under the provisions of the bill, for a confined individual to engage in conduct constituting contact with certain victims when the director of the facility has not received, from these victims, written and dated consent to the contact, would qualify as improper contact with a victim. Under existing statute, this offense is punishable as a class A misdemeanor or third degree felony depending on the specific circumstances of the offense. Additionally, under the bill's provisions, certain violations of protective orders would now be punishable as a state jail felony. Under existing statute, violations of certain court orders are punishable at the misdemeanor and felony level with the punishment based on the specific circumstances of the offense.

A third degree felony is punishable by confinement in prison for a term from 2 to 10 years. 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 are also subject to a $10,000 fine. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000. 


Both expanding the list of behaviors for which a criminal penalty can be applied and increasing the penalty for any criminal offense are expected to result in additional demands on the correctional resources of the counties or of the State due to a longer terms of supervision in the community or longer terms of confinement within state correctional institutions. In fiscal year 2018, 3,234 individuals were arrested, 258 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for the offenses for which the bill proposes changes. 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.




Source Agencies:
LBB Staff:
WP, LM, DGi