The bill would amend the Penal Code as it relates to the prosecution and punishment of burglary while evading arrest or detention. Under current statute, burglary is punishable as a state jail felony if committed in a building other than a habitation, punishable as a second degree felony if committed in a habitation under certain circumstances, and punishable as a first degree felony if the premises are a habitation if the person entered the habitation with the intent to commit, committed, or attempted to commit a felony other than theft. The criminal behavior covered under this bill would be a second degree felony if the premises were a habitation and entered while evading arrest or detention.

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 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.

For any criminal offense, expanding the list of behaviors for which a penalty applies is expected to increase correctional supervision and/or incarceration populations and thereby increase demands on county and/or state correctional resources. The state is responsible for confining convicted felony offenders and supervising them when released to parole. With funding support from the state, local probation departments are responsible for supervising convicted felony offenders under community supervision. However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources.