LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
April 28, 2005

TO:
Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB867 by Allen, Ray (Relating to the registration and supervision of sex offenders; providing penalties.), Committee Report 1st House, Substituted

The provision of the bill that is the subject of this analysis would amend the Code of Criminal Procedure by enhancing the punishment for the offense of failure to comply with registration requirements by one punishment level for persons whom, at the trial stage of an attempted offense that requires registration, have been previously convicted of an offense or an attempt to commit an offense that requires registration. Currently, the offense of failure to comply with registration is punishable as a state jail felony, felony of the third degree, or felony of the second degree, depending on the conditions of registration. 

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or in addition to confinement, a fine not to exceed $10,000.
 
A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or in addition to confinement, a fine not to exceed $10,000.
 
A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or in addition to confinement, a fine not to exceed $10,000.
 
A first degree felony is punishable by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years, or in addition to imprisonment, a fine not to exceed $10,000.
 
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison.  In the case of this bill, however, the increased workload and demand for resources would probably not be substantial.



Source Agencies:
LBB Staff:
JOB, BT, GG