Honorable Robert Nichols, Chair, Senate Committee on Transportation
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB1350 by West (Relating to the motor vehicle inspection program; creating an offense; changing the collection method for certain fees.), Committee Report 1st House, Substituted
The bill would amend the various codes as they relate to the motor vehicle inspection program. The provisions of the bill that relate to criminal offenses are the subject of this analysis. Under the provisions of the bill, certain activities related to motor vehicle inspections would be punishable at various misdemeanor and felony levels and would depend on the specific nature and frequency of the offense with punishment increasing in severity if the person acted with the intent to defraud or to harm. Under the provisions of the bill, knowingly submitting a fraudulent passing report would be punishable as a class B misdemeanor and would be enhanced to a state jail felony if the actor intended to defraud or harm.
A Class B Misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. 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). A third-degree felony 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. A second-degree felony 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.
Expanding the list of behaviors for which a criminal penalty is applied is expected to result in increased demands upon the correctional resources of counties or of the state due to longer terms of probation, or longer terms of confinement in county jail, state jail, or prison. For this analysis, it is assumed the number of offenders convicted under 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 and services of those agencies.