LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 2, 2025 TO: Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2695 by Ancha (Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.), As Introduced Increasing the penalty for existing offenses may result in an increase in demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to a lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to increased criminal penalties. The bill would increase the criminal penalty for certain offenses related to the manufacture or delivery of substances in certain penalty groups or marihuana if it is shown at trial that the defendant used a social media platform in furtherance of the offense. The penalty would be increased to the punishment prescribed by the next higher category of offense, except that the punishment for a felony of the first degree would be increased by five years and the maximum fine for the first-degree offense would be doubled.The Office of Court Administration and the Comptroller of Public Accounts indicate that the fiscal impact is indeterminate without data to project the volume of prosecutions that might occur for the increased penalties. Local Government ImpactWhile the fiscal impact cannot be determined, increasing the penalty for existing offenses may result in increased demands upon local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts LBB Staff: b > td > JMc, MGol, AMr, QH LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 2, 2025 TO: Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2695 by Ancha (Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.), As Introduced TO: Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2695 by Ancha (Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.), As Introduced Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence Jerry McGinty, Director, Legislative Budget Board Jerry McGinty, Director, Legislative Budget Board HB2695 by Ancha (Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.), As Introduced HB2695 by Ancha (Relating to the use of a social media platform in furtherance of an offense involving the delivery of a controlled substance; increasing criminal penalties.), As Introduced Increasing the penalty for existing offenses may result in an increase in demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to a lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to increased criminal penalties. Increasing the penalty for existing offenses may result in an increase in demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. The fiscal implications of the bill cannot be determined due to a lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to increased criminal penalties. The bill would increase the criminal penalty for certain offenses related to the manufacture or delivery of substances in certain penalty groups or marihuana if it is shown at trial that the defendant used a social media platform in furtherance of the offense. The penalty would be increased to the punishment prescribed by the next higher category of offense, except that the punishment for a felony of the first degree would be increased by five years and the maximum fine for the first-degree offense would be doubled.The Office of Court Administration and the Comptroller of Public Accounts indicate that the fiscal impact is indeterminate without data to project the volume of prosecutions that might occur for the increased penalties. Local Government Impact While the fiscal impact cannot be determined, increasing the penalty for existing offenses may result in increased demands upon local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. 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, MGol, AMr, QH JMc, MGol, AMr, QH