LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 11, 2009 TO: Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2187 by Moody (Relating to the prosecution and punishment of offenses involving coercing, inducing, or soliciting membership in a criminal street gang.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code to repeal Section 22.015 and move the offense of threatening a child or a member of the child's family with imminent bodily injury or causing bodily injury to a child or a member of the child's family with the intent to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang to Section 71.022 of the Penal Code renamed Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang. The bill would increase the punishment for threatening a child with imminent bodily injury from a state jail felony to a felony of the third degree. The bill would make a second or subsequent offense of threatening or causing bodily injury punishable as a felony of the second degree. The bill would take effect on September 1, 2009 and would apply to an offense committed on or after the effective date. It is assumed the number of persons convicted under this statute would not result in a significant impact on programs and workload of state corrections agencies or on the demand for resources and services of those agencies. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:696 Department of Criminal Justice LBB Staff: JOB, KJG, ESi, GG, TMP LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 11, 2009 TO: Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2187 by Moody (Relating to the prosecution and punishment of offenses involving coercing, inducing, or soliciting membership in a criminal street gang.), Committee Report 2nd House, Substituted TO: Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: HB2187 by Moody (Relating to the prosecution and punishment of offenses involving coercing, inducing, or soliciting membership in a criminal street gang.), Committee Report 2nd House, Substituted Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board HB2187 by Moody (Relating to the prosecution and punishment of offenses involving coercing, inducing, or soliciting membership in a criminal street gang.), Committee Report 2nd House, Substituted HB2187 by Moody (Relating to the prosecution and punishment of offenses involving coercing, inducing, or soliciting membership in a criminal street gang.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code to repeal Section 22.015 and move the offense of threatening a child or a member of the child's family with imminent bodily injury or causing bodily injury to a child or a member of the child's family with the intent to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang to Section 71.022 of the Penal Code renamed Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang. The bill would increase the punishment for threatening a child with imminent bodily injury from a state jail felony to a felony of the third degree. The bill would make a second or subsequent offense of threatening or causing bodily injury punishable as a felony of the second degree. The bill would take effect on September 1, 2009 and would apply to an offense committed on or after the effective date. It is assumed the number of persons convicted under this statute would not result in a significant impact on programs and workload of state corrections agencies or on the demand for resources and services of those agencies. The bill would amend the Penal Code to repeal Section 22.015 and move the offense of threatening a child or a member of the child's family with imminent bodily injury or causing bodily injury to a child or a member of the child's family with the intent to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang to Section 71.022 of the Penal Code renamed Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang. The bill would increase the punishment for threatening a child with imminent bodily injury from a state jail felony to a felony of the third degree. The bill would make a second or subsequent offense of threatening or causing bodily injury punishable as a felony of the second degree. The bill would take effect on September 1, 2009 and would apply to an offense committed on or after the effective date. It is assumed the number of persons convicted under this statute would not result in a significant impact on programs and workload of state corrections agencies or on the demand for resources and services of those agencies. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 696 Department of Criminal Justice 696 Department of Criminal Justice LBB Staff: JOB, KJG, ESi, GG, TMP JOB, KJG, ESi, GG, TMP