LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 12, 2013 TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3057 by Herrero (Relating to the prosecution of certain misdemeanor offenses committed by children and to school district law enforcement.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Education Code to create school offenses which are Class Cmisdemeanors, other than traffic offenses, committed on property under the control andjurisdiction of a school district, as well as disruption of class and disruption of transportation. Apeace officer may not issue a citation to a child who is alleged to have committed a schooloffense. The bill would require school districts to impose a system of progressive sanctions on a studentprior to filing a complaint in court for a school based offense. The bill would also amend the Penal Code to prohibit a child younger than 12 years of age frombeing prosecuted or convicted of a non-traffic fine only offense or penal ordinance violation. Thebill would also create a presumption that children between the ages of 12 to 14 are presumed notcriminally responsible for the same offenses, although the presumption can be refuted by apreponderance of evidence showing that the child is morally culpable. The bill could reduce the number of juveniles sent to Justice of the Peace and Municipal Courtsfor Class C misdemeanors. However, since juveniles are usually only transferred from thesecourts to juvenile courts on the third offense, it is assumed the number of offenders affected underthis statute would not significantly impact state correctional agencies' workload and programs orthe demand for their resources and services. The bill would take effect on September 1, 2013, and only apply to offenses committed on or afterthat date. Local Government Impact Implementing this bill's provisions could decrease the number of offenders sent to Justice of the Peace and Municipal Courts. This change is expected to reduce demands on county resources. Savings to local entities would depend on the number of individuals affected under this section but are not expected to be significant. Lost revenue from fewer fines imposed and collected is not anticipated to have a significant fiscal impact on local governments. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 644 Texas Juvenile Justice Department, 701 Central Education Agency LBB Staff: UP, ESi, KKR, AH, JPo
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 12, 2013
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3057 by Herrero (Relating to the prosecution of certain misdemeanor offenses committed by children and to school district law enforcement.), As Introduced
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB3057 by Herrero (Relating to the prosecution of certain misdemeanor offenses committed by children and to school district law enforcement.), 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
HB3057 by Herrero (Relating to the prosecution of certain misdemeanor offenses committed by children and to school district law enforcement.), As Introduced
HB3057 by Herrero (Relating to the prosecution of certain misdemeanor offenses committed by children and to school district law enforcement.), 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 Education Code to create school offenses which are Class Cmisdemeanors, other than traffic offenses, committed on property under the control andjurisdiction of a school district, as well as disruption of class and disruption of transportation. Apeace officer may not issue a citation to a child who is alleged to have committed a schooloffense. The bill would require school districts to impose a system of progressive sanctions on a studentprior to filing a complaint in court for a school based offense. The bill would also amend the Penal Code to prohibit a child younger than 12 years of age frombeing prosecuted or convicted of a non-traffic fine only offense or penal ordinance violation. Thebill would also create a presumption that children between the ages of 12 to 14 are presumed notcriminally responsible for the same offenses, although the presumption can be refuted by apreponderance of evidence showing that the child is morally culpable. The bill could reduce the number of juveniles sent to Justice of the Peace and Municipal Courtsfor Class C misdemeanors. However, since juveniles are usually only transferred from thesecourts to juvenile courts on the third offense, it is assumed the number of offenders affected underthis statute would not significantly impact state correctional agencies' workload and programs orthe demand for their resources and services. The bill would take effect on September 1, 2013, and only apply to offenses committed on or afterthat date.
The bill would amend the Education Code to create school offenses which are Class Cmisdemeanors, other than traffic offenses, committed on property under the control andjurisdiction of a school district, as well as disruption of class and disruption of transportation. Apeace officer may not issue a citation to a child who is alleged to have committed a schooloffense.
The bill would require school districts to impose a system of progressive sanctions on a studentprior to filing a complaint in court for a school based offense.
The bill would also amend the Penal Code to prohibit a child younger than 12 years of age frombeing prosecuted or convicted of a non-traffic fine only offense or penal ordinance violation. Thebill would also create a presumption that children between the ages of 12 to 14 are presumed notcriminally responsible for the same offenses, although the presumption can be refuted by apreponderance of evidence showing that the child is morally culpable.
The bill could reduce the number of juveniles sent to Justice of the Peace and Municipal Courtsfor Class C misdemeanors. However, since juveniles are usually only transferred from thesecourts to juvenile courts on the third offense, it is assumed the number of offenders affected underthis statute would not significantly impact state correctional agencies' workload and programs orthe demand for their resources and services.
The bill would take effect on September 1, 2013, and only apply to offenses committed on or afterthat date.
Local Government Impact
Implementing this bill's provisions could decrease the number of offenders sent to Justice of the Peace and Municipal Courts. This change is expected to reduce demands on county resources. Savings to local entities would depend on the number of individuals affected under this section but are not expected to be significant. Lost revenue from fewer fines imposed and collected is not anticipated to have a significant fiscal impact on local governments.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 644 Texas Juvenile Justice Department, 701 Central Education Agency
212 Office of Court Administration, Texas Judicial Council, 644 Texas Juvenile Justice Department, 701 Central Education Agency
LBB Staff: UP, ESi, KKR, AH, JPo
UP, ESi, KKR, AH, JPo