LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 18, 2021 TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2505 by Smith (Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code as it relates to the offense of boating while intoxicated. Under the provisions of the bill, boating while intoxicated with a passenger younger than 15 years of age would be punishable as a state jail felony, eligible for enhancement under certain circumstances, and ineligible for certain types of community supervision. Under existing statute, boating while intoxicated is punishable as a Class B misdemeanor with a minimum term of confinement of 72 hours. The Office of Court Administration indicates the modifications outlined in the bill's provisions would not result in a significant fiscal impact. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin LBB Staff: b > td > JMc, DKN, LM, MP LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 18, 2021 TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2505 by Smith (Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.), Committee Report 1st House, Substituted TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2505 by Smith (Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.), Committee Report 1st House, Substituted Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence Jerry McGinty, Director, Legislative Budget Board Jerry McGinty, Director, Legislative Budget Board HB2505 by Smith (Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.), Committee Report 1st House, Substituted HB2505 by Smith (Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.), Committee Report 1st 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 as it relates to the offense of boating while intoxicated. Under the provisions of the bill, boating while intoxicated with a passenger younger than 15 years of age would be punishable as a state jail felony, eligible for enhancement under certain circumstances, and ineligible for certain types of community supervision. Under existing statute, boating while intoxicated is punishable as a Class B misdemeanor with a minimum term of confinement of 72 hours. The Office of Court Administration indicates the modifications outlined in the bill's provisions would not result in a significant fiscal impact. This analysis assumes implementing 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 amend the Penal Code as it relates to the offense of boating while intoxicated. Under the provisions of the bill, boating while intoxicated with a passenger younger than 15 years of age would be punishable as a state jail felony, eligible for enhancement under certain circumstances, and ineligible for certain types of community supervision. Under existing statute, boating while intoxicated is punishable as a Class B misdemeanor with a minimum term of confinement of 72 hours. The Office of Court Administration indicates the modifications outlined in the bill's provisions would not result in a significant fiscal impact. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin 212 Office of Court Admin LBB Staff: b > td > JMc, DKN, LM, MP JMc, DKN, LM, MP