LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION April 26, 2023 TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3025 by Vasut (Relating to the prosecution of the criminal offenses of aggravated kidnapping, kidnapping, and interference with child custody.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would remove the limitation on the period during which indictments may be presented for the offense of interference with child custody if the person takes or retains a child outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person. The bill would increase the limitations period during which indictments may be presented for the offenses of kidnapping and aggravated kidnapping to 20 years after the 18th birthday of the victim if the victim was younger than 17 years of age at the time the offense was committed. The bill would establish the limitations period at 3 years after the date of the commission of such offenses if the victim was 17 years of age or older at the time the offense is committed. The bill would establish that, if conduct that constitutes certain state jail felony offenses of interference with child custody also constitutes a third degree felony offense of kidnapping, the actor may be prosecuted only for kidnapping.It is assumed that any fiscal impact and the impact on state correctional populations or on the demand for state correctional resources would not be significant. While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs. Local Government ImpactIt is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts LBB Staff: b > td > JMc, DDel, LBO, ESch
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
April 26, 2023
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3025 by Vasut (Relating to the prosecution of the criminal offenses of aggravated kidnapping, kidnapping, and interference with child custody.), Committee Report 1st House, Substituted
TO: Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB3025 by Vasut (Relating to the prosecution of the criminal offenses of aggravated kidnapping, kidnapping, and interference with child custody.), Committee Report 1st House, Substituted
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB3025 by Vasut (Relating to the prosecution of the criminal offenses of aggravated kidnapping, kidnapping, and interference with child custody.), Committee Report 1st House, Substituted
HB3025 by Vasut (Relating to the prosecution of the criminal offenses of aggravated kidnapping, kidnapping, and interference with child custody.), 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 remove the limitation on the period during which indictments may be presented for the offense of interference with child custody if the person takes or retains a child outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person. The bill would increase the limitations period during which indictments may be presented for the offenses of kidnapping and aggravated kidnapping to 20 years after the 18th birthday of the victim if the victim was younger than 17 years of age at the time the offense was committed. The bill would establish the limitations period at 3 years after the date of the commission of such offenses if the victim was 17 years of age or older at the time the offense is committed. The bill would establish that, if conduct that constitutes certain state jail felony offenses of interference with child custody also constitutes a third degree felony offense of kidnapping, the actor may be prosecuted only for kidnapping.It is assumed that any fiscal impact and the impact on state correctional populations or on the demand for state correctional resources would not be significant. While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs.
Local Government Impact
It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.
Source Agencies: b > td > 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: b > td > JMc, DDel, LBO, ESch
JMc, DDel, LBO, ESch