LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION May 22, 2015 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2645 by Blanco (relating to the prosecution of certain offenses involving family violence and to the violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, or stalking case.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code to include removing, attempting to remove, or tampering with a global positioning monitoring system (GPS) to the list of behaviors subject to prosecution under the offense of violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, or stalking case. The bill would permit each party in a criminal case involving assault against a family member or other offenses to offer testimony or other evidence regarding the nature of the relationship between the defendant and the alleged victim. An offense under this section is punishable as a Class A misdemeanor or a third degree felony depending on the circumstances of the offense. This analysis assumes the provisions of the bill would not result in a significant impact on state correctional agencies. The Office of Court Administration reported no significant fiscal impact to the state court system is anticipated. Local Government Impact A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: UP, KJo, SD, EK, LM, ESi LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION May 22, 2015 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2645 by Blanco (relating to the prosecution of certain offenses involving family violence and to the violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, or stalking case.), Committee Report 2nd House, Substituted TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB2645 by Blanco (relating to the prosecution of certain offenses involving family violence and to the violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, or stalking case.), Committee Report 2nd House, Substituted 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 HB2645 by Blanco (relating to the prosecution of certain offenses involving family violence and to the violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, or stalking case.), Committee Report 2nd House, Substituted HB2645 by Blanco (relating to the prosecution of certain offenses involving family violence and to the violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, or stalking case.), Committee Report 2nd House, Substituted 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 to include removing, attempting to remove, or tampering with a global positioning monitoring system (GPS) to the list of behaviors subject to prosecution under the offense of violation of certain court orders or conditions of bond in a family violence, sexual assault or abuse, or stalking case. The bill would permit each party in a criminal case involving assault against a family member or other offenses to offer testimony or other evidence regarding the nature of the relationship between the defendant and the alleged victim. An offense under this section is punishable as a Class A misdemeanor or a third degree felony depending on the circumstances of the offense. This analysis assumes the provisions of the bill would not result in a significant impact on state correctional agencies. The Office of Court Administration reported no significant fiscal impact to the state court system is anticipated. Local Government Impact A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication. Source Agencies: 212 Office of Court Administration, Texas Judicial Council 212 Office of Court Administration, Texas Judicial Council LBB Staff: UP, KJo, SD, EK, LM, ESi UP, KJo, SD, EK, LM, ESi