LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

87TH LEGISLATIVE REGULAR SESSION
 
May 17, 2021

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB148 by Toth (Relating to the limitations period for certain criminal offenses based on assaultive conduct.), As Engrossed

The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Code of Criminal Procedure as it relates to the limitations period for certain criminal offenses based on assaultive conduct. The bill would not apply to an offense if the prosecution of that offense becomes barred by limitation before the effective date. 

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. In addition to confinement, these felonies are punishable by 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.

Extending the statute of limitations 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. From fiscal years 2018 through 2020, an average of 31,641 people were arrested, 4,857 people were placed onto felony direct community supervision, and 5,091 people were admitted into a state correctional institution under existing statute for the felony offenses for which the statute of limitations would be increased as outlined in the bill. From fiscal year 2018 through 2020, an average of 51 people were arrested within three to five years of their offense date for the felony offenses for which the statute of limitations would be increased as outlined in the bill. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.




Source Agencies:
LBB Staff:
JMc, DKN, LM, SPA