LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION February 21, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB341 by Fletcher (Relating to the prosecution of and the punishment for the offense of burglary committed while evading arrest or detention.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code as it relates to the prosecution and punishment of burglary while evading arrest or detention. Under current statute, burglary is punishable as a state jail felony if committed in a building other than a habitation, punishable as a second degree felony if committed in a habitation, and punishable as a first degree felony if the premises are a habitation if the person entered the habitation with the intent to commit, committed, or attempted to commit a felony other than theft. The criminal behavior covered under this bill would be a first degree felony if the premises entered while evading an arrest were a habitation. The criminal behavior covered under this bill would be a state jail felony if the premises entered while evading an arrest were a building. The bill would take effect September 1, 2011 and apply only to an offense committed on or after the effective date of the Act. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, ESi, GG, LM
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
February 21, 2011
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB341 by Fletcher (Relating to the prosecution of and the punishment for the offense of burglary committed while evading arrest or detention.), As Introduced
TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB341 by Fletcher (Relating to the prosecution of and the punishment for the offense of burglary committed while evading arrest or detention.), 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
HB341 by Fletcher (Relating to the prosecution of and the punishment for the offense of burglary committed while evading arrest or detention.), As Introduced
HB341 by Fletcher (Relating to the prosecution of and the punishment for the offense of burglary committed while evading arrest or detention.), 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 prosecution and punishment of burglary while evading arrest or detention. Under current statute, burglary is punishable as a state jail felony if committed in a building other than a habitation, punishable as a second degree felony if committed in a habitation, and punishable as a first degree felony if the premises are a habitation if the person entered the habitation with the intent to commit, committed, or attempted to commit a felony other than theft. The criminal behavior covered under this bill would be a first degree felony if the premises entered while evading an arrest were a habitation. The criminal behavior covered under this bill would be a state jail felony if the premises entered while evading an arrest were a building. The bill would take effect September 1, 2011 and apply only to an offense committed on or after the effective date of the Act.
The bill would amend the Penal Code as it relates to the prosecution and punishment of burglary while evading arrest or detention. Under current statute, burglary is punishable as a state jail felony if committed in a building other than a habitation, punishable as a second degree felony if committed in a habitation, and punishable as a first degree felony if the premises are a habitation if the person entered the habitation with the intent to commit, committed, or attempted to commit a felony other than theft. The criminal behavior covered under this bill would be a first degree felony if the premises entered while evading an arrest were a habitation. The criminal behavior covered under this bill would be a state jail felony if the premises entered while evading an arrest were a building.
The bill would take effect September 1, 2011 and apply only to an offense committed on or after the effective date of the Act.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
LBB Staff: JOB, ESi, GG, LM
JOB, ESi, GG, LM