LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION March 15, 2013 TO: Honorable Abel Herrero, Chair, House Committee On Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB73 by Fletcher (Relating to the prosecution of and the punishment for the offense of burglary committed while evading arrest or detention.), 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 of burglary while evading arrest or detention. Under current statute, burglary is punishable as a state jail felony if committed in a building other than a habitation, punishable as a second degree felony if committed in a habitation, and punishable as a first degree felony if the premises are a habitation if the person entered the habitation with the intent to commit, committed, or attempted to commit a felony other than theft. The criminal behavior covered under this bill would be a first degree felony if the premises were a habitation and entered while evading arrest or detention. The criminal behavior covered under this bill would be a state jail felony if the premises entered were a building and entered while evading arrest or detention. The bill would take effect September 1, 2013 and apply only to an offense committed on or after the effective date of the Act. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: UP, ESi, GG, JGA LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION March 15, 2013 TO: Honorable Abel Herrero, Chair, House Committee On Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB73 by Fletcher (Relating to the prosecution of and the punishment for the offense of burglary committed while evading arrest or detention.), As Introduced TO: Honorable Abel Herrero, Chair, House Committee On Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB73 by Fletcher (Relating to the prosecution of and the punishment for the offense of burglary committed while evading arrest or detention.), 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 HB73 by Fletcher (Relating to the prosecution of and the punishment for the offense of burglary committed while evading arrest or detention.), As Introduced HB73 by Fletcher (Relating to the prosecution of and the punishment for the offense of burglary committed while evading arrest or detention.), 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 of burglary while evading arrest or detention. Under current statute, burglary is punishable as a state jail felony if committed in a building other than a habitation, punishable as a second degree felony if committed in a habitation, and punishable as a first degree felony if the premises are a habitation if the person entered the habitation with the intent to commit, committed, or attempted to commit a felony other than theft. The criminal behavior covered under this bill would be a first degree felony if the premises were a habitation and entered while evading arrest or detention. The criminal behavior covered under this bill would be a state jail felony if the premises entered were a building and entered while evading arrest or detention. The bill would take effect September 1, 2013 and apply only to an offense committed on or after the effective date of the Act. The bill would amend the Penal Code as it relates to the prosecution and punishment of burglary while evading arrest or detention. Under current statute, burglary is punishable as a state jail felony if committed in a building other than a habitation, punishable as a second degree felony if committed in a habitation, and punishable as a first degree felony if the premises are a habitation if the person entered the habitation with the intent to commit, committed, or attempted to commit a felony other than theft. The criminal behavior covered under this bill would be a first degree felony if the premises were a habitation and entered while evading arrest or detention. The criminal behavior covered under this bill would be a state jail felony if the premises entered were a building and entered while evading arrest or detention. The bill would take effect September 1, 2013 and apply only to an offense committed on or after the effective date of the Act. Local Government Impact No significant fiscal implication to units of local government is anticipated. No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: UP, ESi, GG, JGA UP, ESi, GG, JGA