LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION May 2, 2021 TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB4282 by Morales Shaw (Relating to creating the criminal offense of possession of an animal by a person convicted of multiple offenses involving animal cruelty and to conditions of punishment and community supervision for defendants convicted of certain criminal offenses involving animals.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code to create the criminal offense of possession of an animal by a person convicted of multiple offenses involving animal cruelty. The offense would be punishable as a Class C misdemeanor for a first-time offender and punishable as a Class B misdemeanor for a repeat offender. The bill would also require a court to order a person convicted of the offense to relinquish custody permanently of any animals in the person's possession, and, if the court grants community supervision for the offense, to relinquish custody of any animals in the person's possession and not possess or exercise control over any animals or reside in a household where animals are present as conditions of community supervision.According to the Office of Court Administration, no significant impact to the state court system is anticipated. Local Government ImpactNo significant fiscal implication to units of local government is anticipated.A Class C misdemeanor is punishable by a fine of not more than $500. In addition to the fine, punishment can include up to 180 days of deferred disposition. 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: b > td > 212 Office of Court Admin, 304 Comptroller of Public Accounts LBB Staff: b > td > JMc, DKN, CMA, ANE
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
May 2, 2021
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB4282 by Morales Shaw (Relating to creating the criminal offense of possession of an animal by a person convicted of multiple offenses involving animal cruelty and to conditions of punishment and community supervision for defendants convicted of certain criminal offenses involving animals.), Committee Report 1st House, Substituted
TO: Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB4282 by Morales Shaw (Relating to creating the criminal offense of possession of an animal by a person convicted of multiple offenses involving animal cruelty and to conditions of punishment and community supervision for defendants convicted of certain criminal offenses involving animals.), 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
HB4282 by Morales Shaw (Relating to creating the criminal offense of possession of an animal by a person convicted of multiple offenses involving animal cruelty and to conditions of punishment and community supervision for defendants convicted of certain criminal offenses involving animals.), Committee Report 1st House, Substituted
HB4282 by Morales Shaw (Relating to creating the criminal offense of possession of an animal by a person convicted of multiple offenses involving animal cruelty and to conditions of punishment and community supervision for defendants convicted of certain criminal offenses involving animals.), 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 to create the criminal offense of possession of an animal by a person convicted of multiple offenses involving animal cruelty. The offense would be punishable as a Class C misdemeanor for a first-time offender and punishable as a Class B misdemeanor for a repeat offender. The bill would also require a court to order a person convicted of the offense to relinquish custody permanently of any animals in the person's possession, and, if the court grants community supervision for the offense, to relinquish custody of any animals in the person's possession and not possess or exercise control over any animals or reside in a household where animals are present as conditions of community supervision.According to the Office of Court Administration, no significant impact to the state court system is anticipated.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.A Class C misdemeanor is punishable by a fine of not more than $500. In addition to the fine, punishment can include up to 180 days of deferred disposition. 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: b > td > 212 Office of Court Admin, 304 Comptroller of Public Accounts
212 Office of Court Admin, 304 Comptroller of Public Accounts
LBB Staff: b > td > JMc, DKN, CMA, ANE
JMc, DKN, CMA, ANE