The bill would amend the Penal Code as it relates to the penalty for theft of an official ballot or official carrier envelope for an election. Under the provisions of the bill, theft of an official ballot or official carrier envelope for an election would be punishable as a third degree felony. Under currently law, for theft of an official ballot or official carrier envelope for an election is punishable as a state jail felony.

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 third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.

Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties and or of the state due to longer terms of probation, or longer terms of confinement in county jail, state jail, or prison. In fiscal year 2012 less than five people were arrested, less than five people were placed on felony community supervision, and less than five people were admitted to state jail for theft of an official ballot or official carrier envelope for an election. For this analysis, it is assumed implementing the provisions of the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources of those agencies.