Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB789 by Geren (Relating to the punishment for the criminal offense of tampering with or fabricating physical evidence.), As Introduced
The impact of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to reduce the punishment for tampering with or fabricating physical evidence in certain circumstances from a third degree felony to a Class A misdemeanor if the physical evidence tampered with or fabricated was related only to an offense punishable as a misdemeanor.
A third degree felony is punishable by confinement in prison for two to 10 years, and in addition to confinement, 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.
Reducing the punishment for any criminal offense is expected to result in fewer demands upon the correctional resources of counties or of the State due to shorter terms of supervision in the community and fewer persons sentenced to a term of confinement within state correctional institutions. The bill may have a positive population impact by decreasing the number of people incarcerated within state correctional institutions. Whether the bill would result in a significant decrease in correctional populations cannot be determined due to the lack of data or information related to the number of people prosecuted in which the physical evidence tampered with or fabricated was related only to an offense punishable as a misdemeanor.
From fiscal year 2018 to 2020, 15,533 people were arrested for the offense modified in the bill. In fiscal year 2020, 473 people were placed onto community supervision and 503 people were admitted into a state correctional institution for the offense modified in the bill. In fiscal year 2019, 592 people were placed onto community supervision and 757 people were admitted into a state correctional institution for the offense modified in the bill. In fiscal year 2018, 471 people were placed onto community supervision and 740 people were admitted into a state correctional institution for the offense modified in the bill. Data do not exist that would allow for those cases in which the physical evidence tampered with or fabricated related only to an offense punishable as a misdemeanor to be identified from all other cases.