The provisions of the bill that are the subject of this analysis are the provisions that authorize or require a change in the sanctions applicable to adults convicted of felony crime.  The bill would amend the Penal Code by creating the state jail felony punishable offense of online promotion of a criminal street gang.  The bill would enhance the punishment for the offense of failure to identify to a state jail felony if certain conditions are met for criminal street gang members.  The punishment for the offense of failure to identify currently ranges from a Class C misdemeanor to a Class A misdemeanor, depending on conditions specified in the Penal Code.  The bill would also create the offense of causing or encouraging children to participate in gang-related criminal activity.  The offense would be punishable as a felony of the third degree if committed intentionally, or as a Class A misdemeanor if committed recklessly. 

A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

For this analysis it is assumed that the number of offenders convicted under the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.  It is expected individuals who would be affected under the provisions of this bill are currently being sentenced for other, possibly lesser felony, offenses.