LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 6, 2011 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB407 by Watson (Relating to the creation of the offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense. ), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code to create several misdemeanor offenses related to the electronic transmission or possession of certain visual material by a minor that depicts a minor as defined by the provisions of the bill. The bill also would establish exceptions to the offense if a minor defendant did not produce, promote, or solicit the visual material; received the material from another minor, and reported the material to a law enforcement agency within 48 hours after receiving the material; or destroyed the material. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. A Class C misdemeanor is punishable by a fine of not more than $500. The bill would amend the Code of Criminal Procedure to require the judge of a county court to take a defendants plea in open court and to require a parent to attend a court appearance. A court that determines a defendant has committed an offense under Section 43.261 of the Penal Code, or a judge that grants community supervision, could order a defendant to attend and successfully complete an educational program regarding the psychological and social consequences, including possible legal consequences or another equivalent program. The court could also require the defendant or the defendants parent to pay the cost of the program if financially able. The bill would require a court to expunge all records of a defendant that was convicted of only one offense on or after the persons 17th birthday as defined by the provisions of the bill. The bill would amend sections of the Family Code to specify that conduct that violates Section 43.261 of the Penal Code, punishable as a Class B misdemeanor or any higher offense, would indicate a need for supervision. A juvenile court could order a child determined to have engaged in conduct indicating a need for supervision, to attend and successfully complete an educational program regarding the psychological and social consequences, including possible legal consequences or another equivalent program; and would authorize the childs records to be sealed. The court could also require the child or the childs parent to pay the cost of the program if financially able. A prosecuting attorney or a juvenile probation department that is authorized to maintain a separate record containing the childs name, date of birth, and the date the child successfully completed the program would be required to send the record to the court to be added to the childs other sealed records as soon as practicable after the childs 17th birthday. The bill would amend the Education Code to include definitions for bullying, cyberbullying, harassment, and sexual conduct. The Texas School Safety Center (TSSC) would be required, in consultation with Office of the Attorney General, to develop programs for schools that address possible legal and other consequences, including criminal penalties; the unique characteristics of the Internet and other electronic communications; and the connection between bullying, cyberbullying, and harassment related to transmitting certain visual material of a minor as defined by the provisions of the bill. TSSC would be required to develop the program by January 1, 2012. Each school district would be required to provide information on the programs developed and available to parents and students by any means necessary on an annual basis. The bill would take effect September 1, 2011. Local Government Impact Costs associated with enforcement, prosecution and confinement, and revenue gain from fines imposed and collected would vary depending on the number of offenses committed; however, it is not anticipated to have a significant fiscal impact. There could be additional administrative costs to a school district to annually provide the required program information to parents and students; however, it is not anticipated to be significant. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 405 Department of Public Safety, 665 Juvenile Probation Commission, 701 Central Education Agency, 758 Texas State University System LBB Staff: JOB, ESi, TP, JM, TB, MWU, RBl, YD
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
April 6, 2011
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB407 by Watson (Relating to the creation of the offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense. ), Committee Report 1st House, Substituted
TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: SB407 by Watson (Relating to the creation of the offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense. ), Committee Report 1st House, Substituted
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
SB407 by Watson (Relating to the creation of the offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense. ), Committee Report 1st House, Substituted
SB407 by Watson (Relating to the creation of the offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense. ), Committee Report 1st House, Substituted
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 to create several misdemeanor offenses related to the electronic transmission or possession of certain visual material by a minor that depicts a minor as defined by the provisions of the bill. The bill also would establish exceptions to the offense if a minor defendant did not produce, promote, or solicit the visual material; received the material from another minor, and reported the material to a law enforcement agency within 48 hours after receiving the material; or destroyed the material. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. A Class C misdemeanor is punishable by a fine of not more than $500. The bill would amend the Code of Criminal Procedure to require the judge of a county court to take a defendants plea in open court and to require a parent to attend a court appearance. A court that determines a defendant has committed an offense under Section 43.261 of the Penal Code, or a judge that grants community supervision, could order a defendant to attend and successfully complete an educational program regarding the psychological and social consequences, including possible legal consequences or another equivalent program. The court could also require the defendant or the defendants parent to pay the cost of the program if financially able. The bill would require a court to expunge all records of a defendant that was convicted of only one offense on or after the persons 17th birthday as defined by the provisions of the bill. The bill would amend sections of the Family Code to specify that conduct that violates Section 43.261 of the Penal Code, punishable as a Class B misdemeanor or any higher offense, would indicate a need for supervision. A juvenile court could order a child determined to have engaged in conduct indicating a need for supervision, to attend and successfully complete an educational program regarding the psychological and social consequences, including possible legal consequences or another equivalent program; and would authorize the childs records to be sealed. The court could also require the child or the childs parent to pay the cost of the program if financially able. A prosecuting attorney or a juvenile probation department that is authorized to maintain a separate record containing the childs name, date of birth, and the date the child successfully completed the program would be required to send the record to the court to be added to the childs other sealed records as soon as practicable after the childs 17th birthday. The bill would amend the Education Code to include definitions for bullying, cyberbullying, harassment, and sexual conduct. The Texas School Safety Center (TSSC) would be required, in consultation with Office of the Attorney General, to develop programs for schools that address possible legal and other consequences, including criminal penalties; the unique characteristics of the Internet and other electronic communications; and the connection between bullying, cyberbullying, and harassment related to transmitting certain visual material of a minor as defined by the provisions of the bill. TSSC would be required to develop the program by January 1, 2012. Each school district would be required to provide information on the programs developed and available to parents and students by any means necessary on an annual basis. The bill would take effect September 1, 2011.
Local Government Impact
Costs associated with enforcement, prosecution and confinement, and revenue gain from fines imposed and collected would vary depending on the number of offenses committed; however, it is not anticipated to have a significant fiscal impact. There could be additional administrative costs to a school district to annually provide the required program information to parents and students; however, it is not anticipated to be significant.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 405 Department of Public Safety, 665 Juvenile Probation Commission, 701 Central Education Agency, 758 Texas State University System
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 405 Department of Public Safety, 665 Juvenile Probation Commission, 701 Central Education Agency, 758 Texas State University System
LBB Staff: JOB, ESi, TP, JM, TB, MWU, RBl, YD
JOB, ESi, TP, JM, TB, MWU, RBl, YD