LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION Revision 2 May 8, 2009 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2873 by Hunter (Relating to the punishment prescribed for the offense of evading arrest or detention.), Committee Report 1st House, Substituted The probable impact of implementing the provisions of this bill cannot be determined due to the unavailability of reliable data or information related to the number of times evading arrest or detention is committed by an actor with a prior conviction of evading arrest or detention. The bill would amend the Penal Code to make evading arrest or detention punishable as a state jail felony if the actor has a prior conviction for evading arrest or detention. The bill would take effect on September 1, 2009 and would apply to an offense committed on or after the effective date. In fiscal year 2008, approximately 1,100 offenders were placed on misdemeanor community supervision and approximately 1,400 offenders were placed on felony community supervision for evading arrest or detention. A check of Texas Department of Criminal Justice records, Department of Public Safety records, Office of Court Administration records, and Jail Standards Commission records did not reveal any information that would help in an accurate assumption regarding the number of times evading arrest or detention is committed by an actor with a prior conviction of evading arrest or detention; therefore, the probable impact of implementing the bill cannot be determined. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:696 Department of Criminal Justice LBB Staff: JOB, ESi, GG, TMP, TP LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION Revision 2 May 8, 2009 Revision 2 Revision 2 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2873 by Hunter (Relating to the punishment prescribed for the offense of evading arrest or detention.), Committee Report 1st House, Substituted TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: HB2873 by Hunter (Relating to the punishment prescribed for the offense of evading arrest or detention.), Committee Report 1st House, Substituted Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board HB2873 by Hunter (Relating to the punishment prescribed for the offense of evading arrest or detention.), Committee Report 1st House, Substituted HB2873 by Hunter (Relating to the punishment prescribed for the offense of evading arrest or detention.), Committee Report 1st House, Substituted The probable impact of implementing the provisions of this bill cannot be determined due to the unavailability of reliable data or information related to the number of times evading arrest or detention is committed by an actor with a prior conviction of evading arrest or detention. The probable impact of implementing the provisions of this bill cannot be determined due to the unavailability of reliable data or information related to the number of times evading arrest or detention is committed by an actor with a prior conviction of evading arrest or detention. The bill would amend the Penal Code to make evading arrest or detention punishable as a state jail felony if the actor has a prior conviction for evading arrest or detention. The bill would take effect on September 1, 2009 and would apply to an offense committed on or after the effective date. In fiscal year 2008, approximately 1,100 offenders were placed on misdemeanor community supervision and approximately 1,400 offenders were placed on felony community supervision for evading arrest or detention. A check of Texas Department of Criminal Justice records, Department of Public Safety records, Office of Court Administration records, and Jail Standards Commission records did not reveal any information that would help in an accurate assumption regarding the number of times evading arrest or detention is committed by an actor with a prior conviction of evading arrest or detention; therefore, the probable impact of implementing the bill cannot be determined. 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, ESi, GG, TMP, TP JOB, ESi, GG, TMP, TP