The provisions of the bill that are the subject of this analysis are the provisions dealing with felony sanctions for criminal offenses. The bill would amend the Occupations Code by expanding the list of prohibited acts relating to the regulation of metal recycling entities; providing criminal penalties. Under current law and policy, and under the proposed bill, a violation of prohibited acts relating to the regulation of metal recycling entities is punishable as a state jail felony if it is shown that the person has been previously convicted; otherwise the offense is punishable as a Class A Misdemeanor. The bill would amend the Occupations Code by making the operation of a metal recycling entity without obtaining or renewing a certificate of registration, or failing to properly purchase or report the purchase or acquisition of regulated material, an offense punishable as a state jail felony if it is shown that the person has previously been convicted; otherwise the offense would be punishable as a misdemeanor by a fine not to exceed $10,000. The bill would amend the Penal Code as it relates to the offense of theft to provide state jail felony punishment if the value of the property stolen is less than $20,000 and the property stolen is aluminum, bronze, copper, or brass; rather than if the value of the property stolen is less than $20,000 and the property stolen involves certain materials that consists of at least 50 percent aluminum, bronze, or copper.

A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. 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).

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. In the case of this bill, the impact on correctional populations would depend on how many persons would be prosecuted under the provisions of the bill, and the extent to which punishment would be enhanced under the proposed statute compared to existing statute. In fiscal year 2010, less than 5 individuals were arrested, admitted to state jail or prison, or placed on misdemeanor or felony community supervision for a criminal offense relating to the regulation of metal recycling entities. In fiscal year 2010, less than 5 individuals were arrested, admitted to state jail or prison, or placed on felony community supervision for the offense of theft involving materials that consists of at least 50 percent aluminum, bronze, or copper. For this analysis, it is assumed the number of offenders convicted under this statute 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.