LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 7, 2009 TO: Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB366 by Carona (Relating to authorizing consecutive sentencing for certain offenses committed by a member of a criminal street gang.), Committee Report 1st House, Substituted The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to the number of offenses committed with gang-related conduct. The bill would amend the Code of Criminal Procedure relating to a finding regarding gang-related conduct. The bill would amend the Penal Code to permit sentences for more than one offense arising out of the same criminal episode to run concurrently or consecutively if there is an affirmative finding regarding gang-related conduct unless the defendants case was transferred to the court from the juvenile court.The bill would take effect on September 1, 2009 and would apply to a judgment of conviction on or after the effective date or an offense committed on or after the effective date.Permitting sentences to run consecutively or concurrently may 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. 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 offenses committed with gang-related conduct; therefore, the probable impact of implementing the bill cannot be determined. Local Government Impact The probable fiscal impact to local government cannot be determined due to the unavailability of reliable data or information related to the number of offenses committed with gang-related conduct. Source Agencies:696 Department of Criminal Justice LBB Staff: JOB, KJG, GG, TMP
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 7, 2009
TO: Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB366 by Carona (Relating to authorizing consecutive sentencing for certain offenses committed by a member of a criminal street gang.), Committee Report 1st House, Substituted
TO: Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB366 by Carona (Relating to authorizing consecutive sentencing for certain offenses committed by a member of a criminal street gang.), Committee Report 1st 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
SB366 by Carona (Relating to authorizing consecutive sentencing for certain offenses committed by a member of a criminal street gang.), Committee Report 1st House, Substituted
SB366 by Carona (Relating to authorizing consecutive sentencing for certain offenses committed by a member of a criminal street gang.), Committee Report 1st House, Substituted
The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to the number of offenses committed with gang-related conduct.
The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to the number of offenses committed with gang-related conduct.
The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to the number of offenses committed with gang-related conduct.
The bill would amend the Code of Criminal Procedure relating to a finding regarding gang-related conduct. The bill would amend the Penal Code to permit sentences for more than one offense arising out of the same criminal episode to run concurrently or consecutively if there is an affirmative finding regarding gang-related conduct unless the defendants case was transferred to the court from the juvenile court.The bill would take effect on September 1, 2009 and would apply to a judgment of conviction on or after the effective date or an offense committed on or after the effective date.Permitting sentences to run consecutively or concurrently may 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. 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 offenses committed with gang-related conduct; therefore, the probable impact of implementing the bill cannot be determined.
The bill would amend the Code of Criminal Procedure relating to a finding regarding gang-related conduct. The bill would amend the Penal Code to permit sentences for more than one offense arising out of the same criminal episode to run concurrently or consecutively if there is an affirmative finding regarding gang-related conduct unless the defendants case was transferred to the court from the juvenile court.The bill would take effect on September 1, 2009 and would apply to a judgment of conviction on or after the effective date or an offense committed on or after the effective date.Permitting sentences to run consecutively or concurrently may 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. 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 offenses committed with gang-related conduct; therefore, the probable impact of implementing the bill cannot be determined.
Local Government Impact
The probable fiscal impact to local government cannot be determined due to the unavailability of reliable data or information related to the number of offenses committed with gang-related conduct.
Source Agencies: 696 Department of Criminal Justice
696 Department of Criminal Justice
LBB Staff: JOB, KJG, GG, TMP
JOB, KJG, GG, TMP