Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2019 by Neave Criado (Relating to the statute of limitations for certain burglary offenses.), As Introduced
The bill would remove the limitation on the period during which indictments may be presented for the offense of burglary if the defendant entered a habitation with the intent to commit sexual assault or aggravated sexual assault and if during the investigation of the offense biological matter was collected and the matter has not yet been subjected to forensic DNA testing or has been subjected to forensic DNA testing and the testing results show that the matter does not match the victim or any other person whose identity is readily ascertained. Currently, the limitations period for indictments to be presented for burglary is within five years from the date of the commission of the offense or 20 years from the 18th birthday of the victim if certain conditions are met.
Extending the limitations period for indictments to be presented for an existing offense may result in additional demands upon state and 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.
In fiscal year 2022, there were 1,090 individuals arrested, 153 individuals placed on adult community supervision, 24 individuals placed on juvenile probation supervision, and 157 individuals admitted to an adult state correctional institution for burglary of a habitation where a party to the offense had the intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft. There were 24 individuals admitted to a juvenile state correctional institution for burglary. It is unknown whether these offenses meet the criteria specified by the bill.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.