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:HB927 by Harper-Brown (Relating to the punishment for the offense of indecent exposure.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code as it relates to the punishment for indecent exposure. Under the provisions of the bill, the punishment for indecent exposure would be enhanced form a Class B Misdemeanor to a state jail felony if the person has been previously convicted two or more times of indecent exposure. A previous conviction under the provisions of the bill would include an adjudication of guilt or a deferred adjudication regardless of whether the sentence was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision. The bill would take effect on September 1, 2011 and apply to offenses committed on or after that date. Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties and or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. For this analysis, it is assumed the number of offenders not released 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, 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:HB927 by Harper-Brown (Relating to the punishment for the offense of indecent exposure.), As Engrossed
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB927 by Harper-Brown (Relating to the punishment for the offense of indecent exposure.), 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
HB927 by Harper-Brown (Relating to the punishment for the offense of indecent exposure.), As Engrossed
HB927 by Harper-Brown (Relating to the punishment for the offense of indecent exposure.), 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 for indecent exposure. Under the provisions of the bill, the punishment for indecent exposure would be enhanced form a Class B Misdemeanor to a state jail felony if the person has been previously convicted two or more times of indecent exposure. A previous conviction under the provisions of the bill would include an adjudication of guilt or a deferred adjudication regardless of whether the sentence was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision. The bill would take effect on September 1, 2011 and apply to offenses committed on or after that date. Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties and or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. For this analysis, it is assumed the number of offenders not released 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.
The bill would amend the Penal Code as it relates to the punishment for indecent exposure. Under the provisions of the bill, the punishment for indecent exposure would be enhanced form a Class B Misdemeanor to a state jail felony if the person has been previously convicted two or more times of indecent exposure. A previous conviction under the provisions of the bill would include an adjudication of guilt or a deferred adjudication regardless of whether the sentence was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision.
The bill would take effect on September 1, 2011 and apply to offenses committed on or after that date.
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties and or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. When an offense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offenders from the counties to the State. For this analysis, it is assumed the number of offenders not released 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, ESi, GG, LM
JOB, ESi, GG, LM