LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION April 14, 2015 TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB883 by Moody (Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code, reducing the punishment for the offense of graffiti in certain situations, and creating a graffiti pretrial diversion program. The bill would create a Class C misdemeanor for damage less than $50. The pecuniary loss for a graffiti offense on a school, institution of higher education, place of worship or human burial, public monument, or a community center would be a minimum of $500 in order to result in a state jail felony. Currently, the offense is punishable as a Class B misdemeanor if the amount of pecuniary loss is less than $500. A district attorney, criminal district attorney, or county attorney would be authorized to collect a fee of up to $500 to reimburse the county for expenses related to the pretrial diversion program. A fee of $50 also would be collected for the prevention of juvenile delinquency and for graffiti eradication. There would be a minimal revenue loss statewide and to local government in the event new court costs in Class C misdemeanors are assessed upon conviction (or deferred disposition) rather than Class B misdemeanors, or if Class B misdemeanors are assessed rather than state jail felonies; however, the Office of Court Administration indicates this fiscal implication statewide is not anticipated to be significant, in part, because the number of graffiti-related convictions is unknown. Local Government Impact There would be a minimal revenue loss statewide and to local government for court costs charged to offenses under current law that would be charged in lesser offenses under bill provisions. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts LBB Staff: UP, KJo, TB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
April 14, 2015
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB883 by Moody (Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.), As Introduced
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB883 by Moody (Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.), 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
HB883 by Moody (Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.), As Introduced
HB883 by Moody (Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.), 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, reducing the punishment for the offense of graffiti in certain situations, and creating a graffiti pretrial diversion program. The bill would create a Class C misdemeanor for damage less than $50. The pecuniary loss for a graffiti offense on a school, institution of higher education, place of worship or human burial, public monument, or a community center would be a minimum of $500 in order to result in a state jail felony. Currently, the offense is punishable as a Class B misdemeanor if the amount of pecuniary loss is less than $500. A district attorney, criminal district attorney, or county attorney would be authorized to collect a fee of up to $500 to reimburse the county for expenses related to the pretrial diversion program. A fee of $50 also would be collected for the prevention of juvenile delinquency and for graffiti eradication. There would be a minimal revenue loss statewide and to local government in the event new court costs in Class C misdemeanors are assessed upon conviction (or deferred disposition) rather than Class B misdemeanors, or if Class B misdemeanors are assessed rather than state jail felonies; however, the Office of Court Administration indicates this fiscal implication statewide is not anticipated to be significant, in part, because the number of graffiti-related convictions is unknown.
Local Government Impact
There would be a minimal revenue loss statewide and to local government for court costs charged to offenses under current law that would be charged in lesser offenses under bill provisions.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff: UP, KJo, TB
UP, KJo, TB