TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	SB287 by Huffman (Relating to the prosecution of the offense of terroristic threat.), As Introduced

The bill would expand the conduct constituting the third degree felony offense of terroristic threat to include certain threats made to influence the conduct or activities of certain educational and child-care facilities. Currently, this conduct may be punishable as a Class A misdemeanor or state jail felony if the conduct prevents or interrupts the occupation or use of a building. 

Expanding the conduct constituting and modifying the penalty 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 200 individuals arrested, 22 individuals placed on adult community supervision, no individuals admitted into an adult state correctional institution, and 115 individuals placed on juvenile probation supervision for terroristic threat intended to prevent or interrupt the occupation or use of a public place. There were two individuals admitted to juvenile state correctional facilities for terroristic threat. It is unknown if these offenses were intended to influence the conduct or activities of educational and child-care facilities as specified by the bill.

While it is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant, increasing a penalty from a misdemeanor to a felony would permit the punishment of juveniles by commitment to the Texas Juvenile Justice Department and may lead to increased populations in juvenile state correctional facilities.