LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 22, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB290 by Jackson, Jim (Relating to the punishment for the offense of employment harmful to children. ), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code to make the offense of employment harmful to children punishable as a state jail felony if the defendant has been previously convicted one time, and a felony of the third degree if the defendant has been previously convicted two or more times for the offense. The offense is currently punishable as a Class A Misdemeanor. The bill would take effect on September 1, 2011 and would apply to an offense committed on or after the effective date. 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 jail, state jail or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement and/or supervision of convicted offenders from the counties to the State. However, in the case of this bill, it is assumed that 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: LBB Staff: JOB, ADM, ESi, GG, LM LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 22, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB290 by Jackson, Jim (Relating to the punishment for the offense of employment harmful to children. ), Committee Report 2nd House, Substituted TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB290 by Jackson, Jim (Relating to the punishment for the offense of employment harmful to children. ), Committee Report 2nd House, Substituted 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 HB290 by Jackson, Jim (Relating to the punishment for the offense of employment harmful to children. ), Committee Report 2nd House, Substituted HB290 by Jackson, Jim (Relating to the punishment for the offense of employment harmful to children. ), Committee Report 2nd House, Substituted 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 make the offense of employment harmful to children punishable as a state jail felony if the defendant has been previously convicted one time, and a felony of the third degree if the defendant has been previously convicted two or more times for the offense. The offense is currently punishable as a Class A Misdemeanor. The bill would take effect on September 1, 2011 and would apply to an offense committed on or after the effective date. 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 jail, state jail or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement and/or supervision of convicted offenders from the counties to the State. However, in the case of this bill, it is assumed that 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: LBB Staff: JOB, ADM, ESi, GG, LM JOB, ADM, ESi, GG, LM