LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION March 21, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB159 by Williams (Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the persons' profession or employment; providing penalties.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code by creating the offense of diversion of controlled substance by registrants, dispensers, and certain other persons. The offense would be punishable as a state jail felony if the person converts to the persons own use or benefit of the controlled substance. The offense would be punishable as a felony of the third degree if the person diverts to the unlawful use or benefit of another person the controlled substance. The offense would only apply to a registrant, a dispenser, or a person not required registering for being an agent of a registered manufacturer, distributor, analyzer or dispenser, or a contract carrier of the controlled substance. The bill would take effect on September 1, 2011. For this analysis it is assumed 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, ESi, GG, LM, ADM LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION March 21, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB159 by Williams (Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the persons' profession or employment; providing penalties.), As Introduced TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE: SB159 by Williams (Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the persons' profession or employment; providing penalties.), As Introduced 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 SB159 by Williams (Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the persons' profession or employment; providing penalties.), As Introduced SB159 by Williams (Relating to the diversion of a controlled substance by certain persons who have access to the substance by virtue of the persons' profession or employment; providing penalties.), 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 Health and Safety Code by creating the offense of diversion of controlled substance by registrants, dispensers, and certain other persons. The offense would be punishable as a state jail felony if the person converts to the persons own use or benefit of the controlled substance. The offense would be punishable as a felony of the third degree if the person diverts to the unlawful use or benefit of another person the controlled substance. The offense would only apply to a registrant, a dispenser, or a person not required registering for being an agent of a registered manufacturer, distributor, analyzer or dispenser, or a contract carrier of the controlled substance. The bill would take effect on September 1, 2011. For this analysis it is assumed 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, ESi, GG, LM, ADM JOB, ESi, GG, LM, ADM