LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 14, 2013 TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2579 by Wu (Relating to the prosecution of certain offenses committed against a person in custody.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code as it relates to the offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody. The bill adds any place or facility at which a person suspected of a violation of federal immigration law is detained to the definition of a correctional facility in this offense. The offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody are punishable as a Class A misdemeanor, a state jail felony, or a second degree felony, depending upon the circumstances. The bill expands the definition of the offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody. Expanding the definition of any criminal offense is expected to increase demands on state and county correctional agency resources due to more individuals serving terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. However, in the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies' workload and programs. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: UP, ESi, GG, JPo, KKR LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 14, 2013 TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2579 by Wu (Relating to the prosecution of certain offenses committed against a person in custody.), As Introduced TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB2579 by Wu (Relating to the prosecution of certain offenses committed against a person in custody.), As Introduced Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board HB2579 by Wu (Relating to the prosecution of certain offenses committed against a person in custody.), As Introduced HB2579 by Wu (Relating to the prosecution of certain offenses committed against a person in custody.), 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 offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody. The bill adds any place or facility at which a person suspected of a violation of federal immigration law is detained to the definition of a correctional facility in this offense. The offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody are punishable as a Class A misdemeanor, a state jail felony, or a second degree felony, depending upon the circumstances. The bill expands the definition of the offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody. Expanding the definition of any criminal offense is expected to increase demands on state and county correctional agency resources due to more individuals serving terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. However, in the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies' workload and programs. The bill would amend the Penal Code as it relates to the offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody. The bill adds any place or facility at which a person suspected of a violation of federal immigration law is detained to the definition of a correctional facility in this offense. The offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody are punishable as a Class A misdemeanor, a state jail felony, or a second degree felony, depending upon the circumstances. The bill expands the definition of the offenses of violation of the civil rights of a person in custody and improper sexual activity with a person in custody. Expanding the definition of any criminal offense is expected to increase demands on state and county correctional agency resources due to more individuals serving terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. However, in the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies' workload and programs. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: UP, ESi, GG, JPo, KKR UP, ESi, GG, JPo, KKR