The provisions of the bill that are the subject of this analysis would amend the Occupations and Penal Codes.  Under the provisions of the bill, owning or operating a metal recycling entity without holding a license or permit issued by the governing body that has jurisdiction to permit or license such entities would be punishable as a Class A misdemeanor on first conviction with the punishment for subsequent convictions enhanced to a state jail felony.  The bill would also amend the Occupations Code to add Section 1956.021, Section 1956.023 (d), and Section 1956.036 (a), to the offenses currently punishable as a Class A misdemeanor on first conviction with the punishment for subsequent convictions enhanced to a state jail felony if the person knowingly violates these sections.  The bill would also amend the Penal Code to add Brass to the list of items for which theft is punishable as a state jail felony.

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.

Enhancing punishment for criminal behavior is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison.  Any impact on the adult correctional population will likely be as a result of the provisions which allow for the penalty to be enhanced from that of a misdemeanor to a felony.  However, the number of offenders convicted under the provisions of the bill is not expected to result in increased demands upon the correctional resources of counties or of the State.