LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION April 15, 2017 TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2960 by Parker (Relating to the prosecution and punishment of certain trafficking and sexual offenses; increasing a criminal penalty.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code as it relates to certain trafficking and sexual offenses. Under the provisions of the bill, a person commits an offense if the person engages in prohibited sexual behavior regardless of whether the actor knows the age of the victim at the time of the offense. The bill would define item of value as applied to certain prostitution related offenses and enhance certain prostitution offenses from a Class A misdemeanor to a state jail felony or from a state jail felony to a third degree felony depending on the actor's previous convictions. The bill would also expand the offenses of promotion of prostitution and aggravated promotion of prostitution. The Office of Court Administration and the Texas Department of Criminal do not anticipate a significant fiscal impact as a result of implementing the provisions of the bill. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources. The bill would take effect on September 1, 2017 and apply only to an offense committed on or after the effective date of the Act. 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. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, 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, 696 Department of Criminal Justice LBB Staff: UP, KJo, LM, JGA
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
April 15, 2017
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2960 by Parker (Relating to the prosecution and punishment of certain trafficking and sexual offenses; increasing a criminal penalty.), As Introduced
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB2960 by Parker (Relating to the prosecution and punishment of certain trafficking and sexual offenses; increasing a criminal penalty.), As Introduced
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB2960 by Parker (Relating to the prosecution and punishment of certain trafficking and sexual offenses; increasing a criminal penalty.), As Introduced
HB2960 by Parker (Relating to the prosecution and punishment of certain trafficking and sexual offenses; increasing a criminal penalty.), 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 certain trafficking and sexual offenses. Under the provisions of the bill, a person commits an offense if the person engages in prohibited sexual behavior regardless of whether the actor knows the age of the victim at the time of the offense. The bill would define item of value as applied to certain prostitution related offenses and enhance certain prostitution offenses from a Class A misdemeanor to a state jail felony or from a state jail felony to a third degree felony depending on the actor's previous convictions. The bill would also expand the offenses of promotion of prostitution and aggravated promotion of prostitution. The Office of Court Administration and the Texas Department of Criminal do not anticipate a significant fiscal impact as a result of implementing the provisions of the bill. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources. The bill would take effect on September 1, 2017 and apply only to an offense committed on or after the effective date of the Act.
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. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, 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, 696 Department of Criminal Justice
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice
LBB Staff: UP, KJo, LM, JGA
UP, KJo, LM, JGA