LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 3, 2009 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB912 by Williams (Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the person's profession or employment; providing penalties.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code by creating the offense of diversion of controlled substance by registrants, dispensers, and certain other persons. The offense would be punishable as a state jail felony if the person converts to the persons own use the controlled substance. The offense would be punishable as a felony of the third degree if the person diverts to the unlawful use or benefit of another person the controlled substance. The offense would only apply to registrants, dispensers, or persons who are agents of a registered manufacturer or contract carrier of the controlled substance as defined by the Health and Safety Code. It is assumed that the number of persons convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, ESi, GG LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 3, 2009 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB912 by Williams (Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the person's profession or employment; providing penalties.), As Introduced TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: SB912 by Williams (Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the person's profession or employment; providing penalties.), As Introduced Honorable John Whitmire, Chair, Senate Committee on Criminal Justice Honorable John Whitmire, Chair, Senate Committee on Criminal Justice John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board SB912 by Williams (Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the person's profession or employment; providing penalties.), As Introduced SB912 by Williams (Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the person's profession or employment; providing penalties.), As Introduced No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code by creating the offense of diversion of controlled substance by registrants, dispensers, and certain other persons. The offense would be punishable as a state jail felony if the person converts to the persons own use the controlled substance. The offense would be punishable as a felony of the third degree if the person diverts to the unlawful use or benefit of another person the controlled substance. The offense would only apply to registrants, dispensers, or persons who are agents of a registered manufacturer or contract carrier of the controlled substance as defined by the Health and Safety Code. It is assumed that the number of persons convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies. The bill would amend the Health and Safety Code by creating the offense of diversion of controlled substance by registrants, dispensers, and certain other persons. The offense would be punishable as a state jail felony if the person converts to the persons own use the controlled substance. The offense would be punishable as a felony of the third degree if the person diverts to the unlawful use or benefit of another person the controlled substance. The offense would only apply to registrants, dispensers, or persons who are agents of a registered manufacturer or contract carrier of the controlled substance as defined by the Health and Safety Code. It is assumed that the number of persons convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, ESi, GG JOB, ESi, GG