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LEGISLATIVE BUDGET BOARD
Austin, Texas
CRIMINAL JUSTICE IMPACT STATEMENT
88TH LEGISLATIVE REGULAR SESSION
March 12, 2023
TO:
Honorable Stephanie Klick, Chair, House Committee on Public Health
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB362 by Oliverson (Relating to the use, possession, delivery, or manufacture of testing equipment that identifies the presence of fentanyl, alpha-methylfentanyl, or any other derivative of fentanyl.), As Introduced
The bill would add an exception to the criminal offense of possessing or delivering drug paraphernalia for a person who uses, possesses with the intent to use, delivers, possesses with intent to deliver, or manufactures with intent to deliver testing equipment that identifies the presence of fentanyl, alpha-methylfentanyl, or any other derivative of fentanyl. Under current law, the offense ranges from a Class C misdemeanor to a state jail felony depending on previous convictions or if the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor.
Creating an exception to an existing criminal offense may result in reduced demands upon state and local correctional resources due to a possible decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
In fiscal year 2022, there were 157 individuals arrested, 32 individuals placed on adult community supervision, 1 individual placed on juvenile probation supervision, no individuals admitted into an adult state correctional institution, and 1 individual admitted into a juvenile state correctional facility for the criminal offense of possessing or delivering drug paraphernalia. Data is not available to determine whether these cases involved testing equipment that identifies the presence of fentanyl, alpha-methylfentanyl, or any other derivative of fentanyl.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.