LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82nd LEGISLATURE 1st CALLED SESSION - 2011 Revision 1 June 21, 2011 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB41 by Simpson (Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.), 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 for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation. Under the provisions of the bill, certain specified public servants would commit an offense of official oppression if while acting in that capacity, without probable cause to believe the other person committed an offense, perform a search without effective consent for granting access to a publicly accessible building or form of transportation that intentionally, knowingly, or recklessly involves certain touching. The bill would also provide instructions to the prosecution of a defendant who engages in such behavior while acting under color of federal law. The bill would take effect on the 91st day after the last day of the legislative session. 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. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, ESi, GG, LM, SD, ADM LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82nd LEGISLATURE 1st CALLED SESSION - 2011 Revision 1 June 21, 2011 Revision 1 Revision 1 TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB41 by Simpson (Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.), As Introduced TO: Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB41 by Simpson (Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.), 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 HB41 by Simpson (Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.), As Introduced HB41 by Simpson (Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; 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 Penal Code as it relates to the prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation. Under the provisions of the bill, certain specified public servants would commit an offense of official oppression if while acting in that capacity, without probable cause to believe the other person committed an offense, perform a search without effective consent for granting access to a publicly accessible building or form of transportation that intentionally, knowingly, or recklessly involves certain touching. The bill would also provide instructions to the prosecution of a defendant who engages in such behavior while acting under color of federal law. The bill would take effect on the 91st day after the last day of the legislative session. 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. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, ESi, GG, LM, SD, ADM JOB, ESi, GG, LM, SD, ADM