LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 16, 2013 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB827 by Whitmire (Relating to the fraudulent use of identifying information by certain sex offenders; providing criminal penalties.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Code of Criminal Procedure as it relates to the fraudulent use ofidentifying information by certain sex offenders and criminal penalties. Under the provisions ofthe bill, the punishment for fraud and avoiding sex offender registration is increased to the nexthighest degree for offenders misrepresenting their identity in order to avoid or attempt to avoidcompliance with sex offender registration requirements. Under current law, punishment for failureto comply with sex offender registration requirements ranges from a state jail felony to a second-degree felony; and if the offender has a prior conviction, the punishment is enhanced to the next highest degree. Under current law, punishment for fraudulent use or possession of identifyinginformation ranges from a state jail felony to a first-degree felony; and if the victim is an elderlyindividual, the punishment is enhanced to the next highest degree.The bill increases the penalty for certain sex offenders. Increasing the penalty for any criminaloffense is expected to increase demands on state and/or county correctional agency resources dueto longer terms of community supervision, county jail confinement, state correctional institutionconfinement, and/or parole. However, in the case of the bill, it is assumed that the number ofoffenders supervised or incarcerated under this statute would not significantly impact statecorrectional 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, JGA LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 16, 2013 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB827 by Whitmire (Relating to the fraudulent use of identifying information by certain sex offenders; providing criminal penalties.), As Introduced TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE: SB827 by Whitmire (Relating to the fraudulent use of identifying information by certain sex offenders; providing criminal penalties.), As Introduced Honorable John Whitmire, Chair, Senate Committee on Criminal Justice Honorable John Whitmire, Chair, Senate Committee on Criminal Justice Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board SB827 by Whitmire (Relating to the fraudulent use of identifying information by certain sex offenders; providing criminal penalties.), As Introduced SB827 by Whitmire (Relating to the fraudulent use of identifying information by certain sex offenders; providing criminal 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 Code of Criminal Procedure as it relates to the fraudulent use ofidentifying information by certain sex offenders and criminal penalties. Under the provisions ofthe bill, the punishment for fraud and avoiding sex offender registration is increased to the nexthighest degree for offenders misrepresenting their identity in order to avoid or attempt to avoidcompliance with sex offender registration requirements. Under current law, punishment for failureto comply with sex offender registration requirements ranges from a state jail felony to a second-degree felony; and if the offender has a prior conviction, the punishment is enhanced to the next highest degree. Under current law, punishment for fraudulent use or possession of identifyinginformation ranges from a state jail felony to a first-degree felony; and if the victim is an elderlyindividual, the punishment is enhanced to the next highest degree.The bill increases the penalty for certain sex offenders. Increasing the penalty for any criminaloffense is expected to increase demands on state and/or county correctional agency resources dueto longer terms of community supervision, county jail confinement, state correctional institutionconfinement, and/or parole. However, in the case of the bill, it is assumed that the number ofoffenders supervised or incarcerated under this statute would not significantly impact statecorrectional 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, JGA UP, ESi, GG, JGA