Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1099 by Flores (relating to increasing the criminal penalty for certain offenses
committed by an illegal alien.), Committee Report 1st House, Substituted
Increasing the penalty for existing offenses 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 or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to the lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to increased criminal penalties.
The bill would increase certain criminal penalties to the next higher category of offense unless the offense is a capital felony or the offense is a first degree felony in where the minimum term of imprisonment would be increased to 15 years or more if there is an affirmative finding that the defendant was an illegal alien, as defined, at the time of the offense.
The Office of Court Administration indicated that the fiscal impact is indeterminate without data to project the volume of prosecutions that would be subject to increased criminal penalties.
Local Government Impact
While the fiscal impact cannot be determined, increasing the penalty for offenses 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 sentenced to a term of confinement.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council