LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION March 21, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1121 by Weber (Relating to the prosecution and punishment of certain offenses involving trafficking of persons.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend various sections of the Penal Code, Code of Criminal Procedure, and the Government Code to create the offense of continuous trafficking of persons. Under the provisions of the bill, continuous trafficking of persons would be punishable as a first degree felony punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years. Under the provisions of the bill, punishment for a state jail felony would be enhanced to third degree felony if the offender had been previously convicted of continuous trafficking of persons. The bill would also add continuous trafficking of persons to the list of offenses for which bond can only be granted by a judge, a DNA sample is required, and for which life without parole is automatic upon subsequent conviction. Such offenders would not be eligible for: release to mandatory supervision, parole supervision, intensive supervision parole, placement in a halfway house, judge ordered community supervision, jury recommended community supervision, and deferred adjudication community supervision. The bill would take effect on September 1, 2011 and apply to offenses committed on or after that date. Expanding the list of offenses for which a penalty is applied or 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. For this analysis, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the 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:212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice, 697 Board of Pardons and Paroles LBB Staff: JOB, ESi, LM, TB, AI, KKR, GG
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
March 21, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1121 by Weber (Relating to the prosecution and punishment of certain offenses involving trafficking of persons.), As Introduced
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB1121 by Weber (Relating to the prosecution and punishment of certain offenses involving trafficking of persons.), As Introduced
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
HB1121 by Weber (Relating to the prosecution and punishment of certain offenses involving trafficking of persons.), As Introduced
HB1121 by Weber (Relating to the prosecution and punishment of certain offenses involving trafficking of persons.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend various sections of the Penal Code, Code of Criminal Procedure, and the Government Code to create the offense of continuous trafficking of persons. Under the provisions of the bill, continuous trafficking of persons would be punishable as a first degree felony punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years. Under the provisions of the bill, punishment for a state jail felony would be enhanced to third degree felony if the offender had been previously convicted of continuous trafficking of persons. The bill would also add continuous trafficking of persons to the list of offenses for which bond can only be granted by a judge, a DNA sample is required, and for which life without parole is automatic upon subsequent conviction. Such offenders would not be eligible for: release to mandatory supervision, parole supervision, intensive supervision parole, placement in a halfway house, judge ordered community supervision, jury recommended community supervision, and deferred adjudication community supervision. The bill would take effect on September 1, 2011 and apply to offenses committed on or after that date. Expanding the list of offenses for which a penalty is applied or 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. For this analysis, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of State corrections agencies or on the demand for resources and services of those agencies.
The bill would amend various sections of the Penal Code, Code of Criminal Procedure, and the Government Code to create the offense of continuous trafficking of persons. Under the provisions of the bill, continuous trafficking of persons would be punishable as a first degree felony punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years. Under the provisions of the bill, punishment for a state jail felony would be enhanced to third degree felony if the offender had been previously convicted of continuous trafficking of persons. The bill would also add continuous trafficking of persons to the list of offenses for which bond can only be granted by a judge, a DNA sample is required, and for which life without parole is automatic upon subsequent conviction. Such offenders would not be eligible for: release to mandatory supervision, parole supervision, intensive supervision parole, placement in a halfway house, judge ordered community supervision, jury recommended community supervision, and deferred adjudication community supervision. The bill would take effect on September 1, 2011 and apply to offenses committed on or after that date. Expanding the list of offenses for which a penalty is applied or 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. For this analysis, it is assumed the number of offenders convicted under this statute would not result in a significant impact on the 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: 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice, 697 Board of Pardons and Paroles
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 696 Department of Criminal Justice, 697 Board of Pardons and Paroles
LBB Staff: JOB, ESi, LM, TB, AI, KKR, GG
JOB, ESi, LM, TB, AI, KKR, GG