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LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
March 22, 2023
TO:
Honorable Brian Birdwell, Chair, Senate Committee on Border Security
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1709 by King (Relating to the prosecution of the offenses of sedition and engaging in organized criminal activity; increasing criminal penalties.), As Introduced
Expanding the conduct constituting and modifying the penalty for an existing offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to identify the number of additional cases that would qualify as an offense of engaging in organized criminal activity under the provisions of the bill.
The bill would expand the conduct constituting the offense of sedition and specify that a conspiracy to commit the offense is punishable in the same manner as the offense. The bill would expand the applicability of the offense of engaging in organized criminal activity to include a transnational criminal organization, expand the conduct constituting the offense to include unlawful possession with the intent to deliver a controlled substance or dangerous drug, specify that a conspiracy to commit the offense is punishable in the same manner as the offense, and increase the punishment for the offense under certain circumstances relating to the use or exhibition of a deadly weapon.
While the fiscal impact related to the offense of engaging in organized criminal activity cannot be determined, it is assumed that any impact on state correctional populations or on the demand for state correctional resources related to the offense of sedition would not be significant.
According to the Office of Court Administration, the fiscal impact to the state court system cannot be determined but is not expected to be significant.
Local Government Impact
While the fiscal impact cannot be determined, expanding the conduct constituting and modifying the penalty for an existing offense may result in additional demands upon local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts