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F I S C A L   I M P A C T   R E P O R T

 

 

SPONSOR:

Arnold-Jones

 

DATE TYPED:

3/21/01

 

HB

813/aHJC

 

SHORT TITLE:

Revise Tampering with Evidence Penalty

 

SB

 

 

 

ANALYST:

Maloy

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

Minimal

Recurring

General Fund

 

 

 

 

 

 

 

SOURCES OF INFORMATION

 

LFC Files

 

SUMMARY

 

    Synopsis of HJC Amendment

 

The House Judiciary Committee has amended House Bill 813 to correct a spelling error, and to combine the tampering with evidence degrees for 1st and 2nd degree underlying crimes. With the amendment, if the highest crime related to the tampering of evidence is a 1st or 2nd  degree felony, the person guilty of tampering with evidence is guilty of a 3rd degree felony.  The bill as originally drafted included matching underlying crime and tampering degree levels.

 

     Synopsis of Original Bill

 

House Bill 813 heightens the charges and possible penalties associated with the crime of tampering with evidence.  Under current law, this is a fourth degree felony. 

 

Under HB 813, the level of charge of, and penalty for, tampering with evidence is tied to the level of the underlying crime.  The breakdown is as follows:

 

·        If the underlying crime is a capital or first degree felony, the person committing tampering with evidence is guilty of a second degree felony.

 

·        If the underlying crime is a second degree felony, the person committing tampering with evidence is guilty of a third degree felony.

 

·        If the underlying crime is a third degree felony, the person committing the tampering with evidence is guilty of a fourth degree felony.

 

·        If the underlying crime is a misdemeanor, the person tampering with evidence is guilty of a petty misdemeanor.

 

·        If the underlying crime is indeterminate, the person committing tampering with evidence is guilty of a fourth degree felony.

 

     Significant Issues

 

More severe penalties should result in greater deterrence.

 

FISCAL IMPLICATIONS

 

There may be a slight increase in the number of charges and defendants, which will directly impact the courts, public defenders and district attorneys. 

 

If convicted of tampering with evidence and sentenced to a prison term, there will be costs associated with an increase in the number of inmates in correctional institutes, as well as those released on parole.  The same is true for defendants placed on probation.

 

These fiscal impacts would be recurring and would impact the general fund.

 

SJM/njw:yr