LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT

88TH LEGISLATIVE REGULAR SESSION
 
May 15, 2023

TO:
Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB3025 by Vasut (Relating to the prosecution of the criminal offenses of aggravated kidnapping, kidnapping, and interference with child custody.), As Engrossed

The bill would remove the limitation on the period during which indictments may be presented for the offense of interference with child custody if the person takes or retains a child outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person. The bill would increase the limitations period during which indictments may be presented for the offenses of kidnapping and aggravated kidnapping to 20 years after the 18th birthday of the victim if the victim was younger than 17 years of age at the time the offense was committed. The bill would establish that, if conduct that constitutes certain state jail felony offenses of interference with child custody also constitutes a third degree felony offense of kidnapping, the actor may be prosecuted only for kidnapping.

Extending the limitations period for indictments to be presented 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 547 individuals arrested, 72 individuals placed on adult community supervision, 4 individuals placed on juvenile probation supervision, 122 individuals admitted to an adult state correctional institution, and no individuals admitted to a juvenile state correctional institution for the offense of kidnapping or aggravated kidnapping.

In fiscal year 2022, there were 160 individuals arrested, 20 individuals placed on adult community supervision, 2 individuals admitted to an adult state correctional institution, and no individuals placed on juvenile probation supervision or admitted to a juvenile state correctional institution for the offense of interference with child custody. It is unknown how many of these offenses include conduct specified by the provisions of the bill.

It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.



Source Agencies:
LBB Staff:
JMc, DDel, LBO, ESch