LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 15, 2013 TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB544 by Kleinschmidt (Relating to the punishment for theft offenses involving certain metals.), As Introduced The probable fiscal impact of implementing the bill is indeterminate due to the unavailability of reliable data or information related to the exact value of metals stolen by those convicted of metal theft. The bill would amend the Penal Code as it relates to the punishment for theft offenses involving certain metals. Under the provisions of the bill, theft of certain metals would be punishable as a state jail felony if the value of the metals stolen was greater than or equal to $500 but less than $20,000. Under current statute, theft of certain metals is punishable as a state jail felony if the value of the metals stolen is less than $20,000. Narrowing the range of pecuniary loss for theft of certain metals is expected to result in decreased demands upon the correctional resources of counties or of the state due to shorter terms of probation, or shorter terms of confinement in county jail, state jail, or prison. The bill may have a positive fiscal impact by decreasing the number of people on felony community supervision or incarcerated within state jail for theft of certain metal whose values represent smaller amounts of pecuniary loss. Whether the bill would result in a significant amount of savings to the state is indeterminate due to a lack of statewide data on the exact value of metals stolen by those convicted of the theft of certain metals. At present data do not exist that would enable the identification of those cases in which the value of certain metals stolen was less than $500 from all other theft of certain metals cases. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: UP, ESi, GG, LM LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 15, 2013 TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB544 by Kleinschmidt (Relating to the punishment for theft offenses involving certain metals.), As Introduced TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB544 by Kleinschmidt (Relating to the punishment for theft offenses involving certain metals.), 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 HB544 by Kleinschmidt (Relating to the punishment for theft offenses involving certain metals.), As Introduced HB544 by Kleinschmidt (Relating to the punishment for theft offenses involving certain metals.), As Introduced The probable fiscal impact of implementing the bill is indeterminate due to the unavailability of reliable data or information related to the exact value of metals stolen by those convicted of metal theft. The probable fiscal impact of implementing the bill is indeterminate due to the unavailability of reliable data or information related to the exact value of metals stolen by those convicted of metal theft. The probable fiscal impact of implementing the bill is indeterminate due to the unavailability of reliable data or information related to the exact value of metals stolen by those convicted of metal theft. The bill would amend the Penal Code as it relates to the punishment for theft offenses involving certain metals. Under the provisions of the bill, theft of certain metals would be punishable as a state jail felony if the value of the metals stolen was greater than or equal to $500 but less than $20,000. Under current statute, theft of certain metals is punishable as a state jail felony if the value of the metals stolen is less than $20,000. Narrowing the range of pecuniary loss for theft of certain metals is expected to result in decreased demands upon the correctional resources of counties or of the state due to shorter terms of probation, or shorter terms of confinement in county jail, state jail, or prison. The bill may have a positive fiscal impact by decreasing the number of people on felony community supervision or incarcerated within state jail for theft of certain metal whose values represent smaller amounts of pecuniary loss. Whether the bill would result in a significant amount of savings to the state is indeterminate due to a lack of statewide data on the exact value of metals stolen by those convicted of the theft of certain metals. At present data do not exist that would enable the identification of those cases in which the value of certain metals stolen was less than $500 from all other theft of certain metals cases. The bill would amend the Penal Code as it relates to the punishment for theft offenses involving certain metals. Under the provisions of the bill, theft of certain metals would be punishable as a state jail felony if the value of the metals stolen was greater than or equal to $500 but less than $20,000. Under current statute, theft of certain metals is punishable as a state jail felony if the value of the metals stolen is less than $20,000. Narrowing the range of pecuniary loss for theft of certain metals is expected to result in decreased demands upon the correctional resources of counties or of the state due to shorter terms of probation, or shorter terms of confinement in county jail, state jail, or prison. The bill may have a positive fiscal impact by decreasing the number of people on felony community supervision or incarcerated within state jail for theft of certain metal whose values represent smaller amounts of pecuniary loss. Whether the bill would result in a significant amount of savings to the state is indeterminate due to a lack of statewide data on the exact value of metals stolen by those convicted of the theft of certain metals. At present data do not exist that would enable the identification of those cases in which the value of certain metals stolen was less than $500 from all other theft of certain metals cases. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: UP, ESi, GG, LM UP, ESi, GG, LM