The bill would amend the Penal Code as it relates to the punishment for the offense of resisting arrest, search, or transportation. Under the provisions of the bill, the punishment for resisting arrest, search, or transportation would be enhanced from a Class A misdemeanor to a state jail felony if the defendant had been previously convicted of that offense.

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).

The bill increases the penalty for resisting arrest, search, or transportation. Increasing the penalty for any criminal offense is expected to increase demands on state and/or county correctional agency resources due to longer terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. However, in the case of the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agencies' workload and programs. In fiscal year 2012, there were 49,555 misdemeanor arrests and 1,582 misdemeanor community supervision placements for resisting arrest, search, or transportation. However, less than ten community supervision placements had a prior conviction for resisting arrest, search, or transportation.