The bill would amend the Penal Code as it relates to the punishment for theft offenses involving certain metals.  Under the provisions of the bill, theft of certain metals would be punishable as a state jail felony if the value of the metals stolen was greater than or equal to $500 but less than $20,000. Under current statute, theft of certain metals is punishable as a state jail felony if the value of the metals stolen is less than $20,000. 

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).

Narrowing the range of pecuniary loss for theft of certain metals is expected to result in decreased demands upon the correctional resources of counties or of the state due to shorter terms of probation, or shorter terms of confinement in county jail, state jail, or prison. The bill may have a positive impact by decreasing the number of people on felony community supervision or incarcerated within state correctional institutions for theft of certain metal whose values represent smaller amounts of pecuniary loss. Whether the bill would result in a significant impact to the state is indeterminate due to a lack of statewide data on the exact value of metals stolen by those convicted of theft of certain metals. In fiscal year 2012, 1,385 people were arrested, 317 people were placed on felony community supervision, and 360 people were admitted to the correctional institutions division for theft of certain metals punishable as a state jail felony.  At present data do not exist that would enable the identification of those cases in which the value of certain metals stolen was less than $500 from all other theft of certain metals cases.