LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
May 7, 2019

TO:
Honorable Stephanie Klick, Chair, House Committee on Elections
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
SB9 by Hughes (Relating to election integrity; increasing criminal penalties; creating a criminal offense; creating civil penalties.), As Engrossed

The bill would amend various codes as they relate to the conduct of elections. Under the provisions of the bill, the statute of limitations for any felony offense under the Election Code would be five years, certain misdemeanors would be punishable as a state jail felony, and the offense of retaliation against voter would be increased from a third degree to a second degree felony when the actor is an election watcher. 

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 felonies are also subject to an optional fine not to exceed $10,000. 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.

Increasing the penalty for any criminal offense is expected to result in additional demands upon the correctional resources of the counties or of the State due to longer terms of supervision in the community or longer terms of confinement within state correctional institutions. In fiscal year 2018, fewer than ten people were arrested, placed under felony community supervision, or admitted into state correctional institutions for the offenses for which changes are proposed. 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, DGi, SPa