LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 4, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3 by Thompson (Relating to the imposition of a sentence of life without parole on certain defendants who commit certain sexual offenses.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code as it relates to the punishment enhancement provisions for life imprisonment without parole, which apply to certain repeat and habitual felony offenders convicted of continuous sexual abuse of a young child; including the offense of sexual assault, and the offense of aggravated sexual assault. The bill would amend the Code of Criminal Procedure to include certain sexual assault offenses with enhanced punishment as prescribed by the bill, to the list of offenses not eligible for deferred adjudication. The bill would also amend the Government Code to provide that certain 3g felony sexual assault and aggravated sexual assault offenses with enhanced punishment as prescribed by the bill, are not eligible for release on parole. The bill would take effect September 1, 2011 and apply only 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 jails or prison. For this analysis, it is assumed implementing the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources of those agencies for the first five years following passage of the bill. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, ESi, GG, LM, ADM
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
April 4, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3 by Thompson (Relating to the imposition of a sentence of life without parole on certain defendants who commit certain sexual offenses.), As Introduced
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB3 by Thompson (Relating to the imposition of a sentence of life without parole on certain defendants who commit certain sexual offenses.), 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
HB3 by Thompson (Relating to the imposition of a sentence of life without parole on certain defendants who commit certain sexual offenses.), As Introduced
HB3 by Thompson (Relating to the imposition of a sentence of life without parole on certain defendants who commit certain sexual offenses.), 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 Penal Code as it relates to the punishment enhancement provisions for life imprisonment without parole, which apply to certain repeat and habitual felony offenders convicted of continuous sexual abuse of a young child; including the offense of sexual assault, and the offense of aggravated sexual assault. The bill would amend the Code of Criminal Procedure to include certain sexual assault offenses with enhanced punishment as prescribed by the bill, to the list of offenses not eligible for deferred adjudication. The bill would also amend the Government Code to provide that certain 3g felony sexual assault and aggravated sexual assault offenses with enhanced punishment as prescribed by the bill, are not eligible for release on parole. The bill would take effect September 1, 2011 and apply only 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 jails or prison. For this analysis, it is assumed implementing the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources of those agencies for the first five years following passage of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
LBB Staff: JOB, ESi, GG, LM, ADM
JOB, ESi, GG, LM, ADM