LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 19, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice 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 Engrossed 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 certain sexual assault and aggravated sexual assault offenses. 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, ADM, ESi, GG, LM
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
May 19, 2011
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice 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 Engrossed
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
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 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
HB3 by Thompson (Relating to the imposition of a sentence of life without parole on certain defendants who commit certain sexual offenses.), As Engrossed
HB3 by Thompson (Relating to the imposition of a sentence of life without parole on certain defendants who commit certain sexual offenses.), 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 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 certain sexual assault and aggravated sexual assault offenses. 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, ADM, ESi, GG, LM
JOB, ADM, ESi, GG, LM