John S O'Brien, Director, Legislative Budget Board
IN RE:
SB584 by Nichols (Relating to the unauthorized harvesting of standing timber; providing for the imposition of a criminal penalty.), As Introduced
The provisions of the bill that are the subject of this analysis would amend the Natural Resources Code as it relates to the unauthorized harvesting of standing timber by creating a new offense. Under the provisions of the bill, punishment options for unauthorized harvesting of standing timber would increase in severity based on the value of the timber sold. The offense would be punishable as a state jail felony if it is shown at the trial of the offense that the value of the timber harvested is at least $500 but less than $20,000; punishable as a third degree felony if it is shown at the trial of the offense that the value of the timber harvested is at least $20,000 but less than $100,000; punishable as a second degree felony if it is shown at the trial of the offense that the value of the timber harvested is at least $100,000 but less than $200,000; and punishable as a first degree felony if it is shown at the trial of the offense that the value of the timber harvested is at least $200,000.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision).
A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000.
A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.
Expanding the list of behaviors for which a penalty is applied for any criminal offense 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 jail, state jail or prison. It is expected that individuals who would be affected under the provisions of this bill are currently being sentenced for other offenses.