Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3507 by Wharton (Relating to the punishment for the offense of theft.), As Introduced
Increasing the penalty for an existing offense may result in additional demands upon state correctional resources due to a possible increase in the number of individuals confined and in the length of stay for individuals sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to determine the specific numbers of prior theft convictions that would serve as criteria for penalty enhancement under the bill's provisions.
The bill would increase the penalty for theft of property valued under $2,500 for persons convicted previously at least twice of any grade of theft to a third degree felony when the number of prior theft convictions is five or more, or to a second degree felony when the number of prior theft convictions is ten or more.
Local Government Impact
While the fiscal impact cannot be determined, increasing the penalty for an existing offense from a state jail felony to a higher degree of felony could result in fewer placements on supervision in the community and an increased length of local confinement for additional individuals awaiting transfer to state correctional facilities.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts