The bill would amend the Code of Criminal Procedure as it relates to the punishment of certain conduct constituting the offense of official oppression and to the statute of limitation on prosecution of that conduct. Under the provisions of the bill, official oppression shifts from a Class A misdemeanor to a third-degree felony when the offense consists of the intentional or knowing suppression of evidence favorable to a defendant and material to the defendant's guilt or punishment in a criminal trial.

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 third-degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.
 
This bill's provisions increase the penalty for official oppression. This penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for confinement in state correctional facilities. When an offense changes from a misdemeanor to a felony, the burden of confining convicted offenders transfers from the counties to the state. However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources. In fiscal year 2012, there were 39 arrests and 17 community supervision placements for official oppression.