The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to add indecency with a child; sexual assault; injury to a child, elderly, or disabled individual; abandoning or endangering a child; online solicitation of a minor; sexual performance by a child; and possession or promotion of child pornography to the list of offenses for which the punishment is increased to the next higher category of offense if the offense is committed in a disaster or evacuated area.

A state jail felony is punishable by confinement in a state jail for 180 days to two years.  A third degree felony is punishable by confinement in prison for two to ten years and a second degree felony by confinement in prison for two to 20 years.  In addition to confinement certain felony level offenses are subject to 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 or of the State due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. The bill would have a negative population impact by increasing the number of people under felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant increase in correctional populations and demands on state correctional resources is indeterminate due to a lack of data related to areas which would be impacted by future disasters or evacuations and would therefore make certain offenses eligible for the penalty enhancements outlined in the bill's provisions.  It is also indeterminate due to the unavailability of data related to how often the penalty for offenses which can currently be enhanced if they occur in a disaster or evacuated area is increased.  In fiscal year 2014, 10,702 people were arrested, 2,339 were placed under felony community supervision, and 2,677 were admitted into state correctional institutions for the offenses in which the punishment would be increased if committed in a disaster or evacuated area.