TO:	Honorable Dan Patrick, Lieutenant Governor, Senate
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	SB1056 by Huffman (Relating to criminal liability for reporting false information to draw an emergency response; creating an offense.), As Passed 2nd House

The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend various codes as they relate to criminal liability for reporting false information to draw an emergency response.  Under the provisions of the bill, a false report to induce an emergency response would be punishable as either a Class A misdemeanor, state jail felony, or felony of the third degree with the punishment based on the specific circumstances of the offense.  Under existing statute making a false report to a peace officer is punishable as a Class B misdemeanor.

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 felonies can be subject to an optional fine not to exceed $10,000.  A Class A misdemeanor is punishable by confinement in a county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.  A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000.

Creating an offense for which a criminal penalty is applied is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions.  During fiscal years 2018 through 2020, fewer than 10 people were arrested and fewer than 10 were placed under community supervision for making a false report to a peace officer under existing statute.  This analysis assumes implementing 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.