LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 6, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1215 by McClendon (Relating to the creation of the offense of unauthorized acquisition or transfer of certain financial information.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code to create misdemeanor offenses if a person obtains, possesses, or transfers to a third party, financial sight order or payment card information by use of electronic, photographic, or any other device capable of accessing or reproducing the information. The offense would be a Class A for possession of information or a Class B for transferring information. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. The bill would amend the Code of Criminal Procedure to require a peace officer to file a written report to the law enforcement agency the officer is employed by. The law enforcement agency would be required to provide a copy of the report at the victims request, and to redact any confidential information from the report prior to providing it to the victim. The bill would authorize prosecution in the county the offense was committed or the victims county of residence. Local Government Impact Costs associated with enforcement, prosecution and confinement, and revenue gain from fines imposed and collected would vary, but are not anticipated to have a significant fiscal implication. There could be costs associated with the requirement to redact confidential information prior to providing a report to a victim, but those amounts would vary depending on the number of offenses and the procedures a law enforcement agency currently follows. No significant fiscal implication is anticipated. Source Agencies:405 Department of Public Safety LBB Staff: JOB, ESi, TP
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
May 6, 2011
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1215 by McClendon (Relating to the creation of the offense of unauthorized acquisition or transfer of certain financial information.), As Engrossed
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB1215 by McClendon (Relating to the creation of the offense of unauthorized acquisition or transfer of certain financial information.), As Engrossed
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
HB1215 by McClendon (Relating to the creation of the offense of unauthorized acquisition or transfer of certain financial information.), As Engrossed
HB1215 by McClendon (Relating to the creation of the offense of unauthorized acquisition or transfer of certain financial information.), As Engrossed
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 create misdemeanor offenses if a person obtains, possesses, or transfers to a third party, financial sight order or payment card information by use of electronic, photographic, or any other device capable of accessing or reproducing the information. The offense would be a Class A for possession of information or a Class B for transferring information. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. The bill would amend the Code of Criminal Procedure to require a peace officer to file a written report to the law enforcement agency the officer is employed by. The law enforcement agency would be required to provide a copy of the report at the victims request, and to redact any confidential information from the report prior to providing it to the victim. The bill would authorize prosecution in the county the offense was committed or the victims county of residence.
Local Government Impact
Costs associated with enforcement, prosecution and confinement, and revenue gain from fines imposed and collected would vary, but are not anticipated to have a significant fiscal implication. There could be costs associated with the requirement to redact confidential information prior to providing a report to a victim, but those amounts would vary depending on the number of offenses and the procedures a law enforcement agency currently follows. No significant fiscal implication is anticipated.
Source Agencies: 405 Department of Public Safety
405 Department of Public Safety
LBB Staff: JOB, ESi, TP
JOB, ESi, TP