Bill: HB 1178, 85(R) - 2017

Committee

House Criminal Jurisprudence

2nd Chamber Committee

Senate Criminal Justice

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
No Neutral Neutral Neutral Negative Neutral

Author(s)

John Kuempel

Sponsor(s)

Juan "Chuy" Hinojosa

Bill Caption

Relating to the punishment for burglary and theft of controlled substances.


Fiscal Notes

The probable fiscal impact of implementing the bill is indeterminate because data collected at the statewide level do not contain the detail necessary to determine the type of facility or vehicle in which the offense of burglary or theft of a controlled substance is committed. This information is necessary to determine the impact of the bill's enhancement provisions.

Bill Analysis

Under HB 1178 theft of a controlled substance would be felony of the third degree if "the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and the person entered or remained concealed in that building with intent to commit a theft of a controlled substance." Burglary of a vehicle would be a third degree felony if "the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs; and the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance." 

The bill clarifies that if a person commits theft of a controlled substance valued less than $150,000 from a commercial building in which the controlled substance is usually stored or a vehicle owned or operated by a wholesale distributor of prescription drugs, they would be subject to a felony of the third-degree. 

Vote Recommendation Notes

Tying the punishment for burglary to a pecuniary scale, as we do in most cases in Texas, helps the punishment more appropriately fit the crime. If the value of an item stolen is minimal the corresponding punishment is lighter than if the value of the stolen goods is higher. One hallmark of a quality criminal justice system is that the punishment is proportional to the crime. This bill misses the mark on that count.

A third degree felony is punishable by not less than two years, and up to 10 years in prison. This would be vastly disproportionate for the theft of a small amount of a controlled substance, even under the circumstances stipulated in this bill. For this reason we consider HB 1178 to be a case of overcriminalization which violates the principle of limited government. We encourage legislators to reject HB 1178.

Source URL (retrieved on 03/29/2024 06:03 AM): http://reports.texasaction.com/bill/85r/hb1178?print_view=true