Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3061 by Oliverson (Relating to enhancing the punishment for committing certain criminal offenses while disguised or masked.), As Introduced
Increasing the penalty for an existing criminal offense may result in increased demands upon state correctional resources due to a possible increase in the number of individuals placed under supervision in the community, sentenced to a term of confinement, and in the length of stay for individuals sentenced to a term of confinement. The impact on state correctional populations and on the demand for state correctional resources cannot be determined due to the lack of data to identify the number of cases which would have been eligible to receive an enhanced penalty under the provisions of the bill.
The bill would increase the penalty to the next higher category of offense for certain offenses if shown on the trial of the offense that the actor was disguised or masked and congregating with other individuals who were disguised or masked. The increased penalty would not apply to defendants that can prove an affirmative defense of wearing the disguise or mask for celebratory purposes, or to a first degree felony.
The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to the lack of statewide data necessary to identify cases which would have been eligible to receive an enhanced penalty under the provisions of the bill. Based on the January 2025 Biennial Report on Adult Criminal Justice Populations Fiscal Years 2018 to 2030, the fiscal year 2024 uniform cost per day was $2.73 for an adult on felony community supervision and $86.50 for an adult in a systemwide facility.
Increasing a penalty from a misdemeanor to a felony would permit the punishment of juveniles by commitment to the Texas Juvenile Justice Department (TJJD) and may lead to increased populations in juvenile state correctional facilities. Based on the January 2025 Biennial Report on Juvenile Justice Populations Fiscal Years 2018 to 2030, the fiscal year 2024 uniform cost per day was $770.53 for a juvenile committed to TJJD and placed in a secure residential facility.
Local Government Impact
While the fiscal impact cannot be determined, increasing the penalty for an existing offense may result in increased demands upon local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or confined locally.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts