The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to enhance the punishment for the offense of murder to a capital felony if committed with retaliatory intent against certain prosecuting attorneys. Murder is currently punishable as a second degree or first degree felony, depending on the circumstances. A capital felony is currently punishable by death or life in prison without parole.

A capital felony is punishable by death or life imprisonment, a first degree felony is punishable by confinement in prison for life or 5 to 99 years, and a second degree felony is punishable by confinement in prison for 2 to 20 years. In addition to confinement first and second degree felony level offenses are subject to an optional fine not to exceed $10,000.

Enhancing the punishment for murder in the circumstances applicable to the bill is expected to result in greater demands on the correctional resources of the state due to longer terms in state correctional facilities. In fiscal year 2014, 656 people were arrested, fewer than 10 were placed under felony community supervision, and 447 were admitted into state correctional institutions for the offense of murder. Statewide data are not available to indicate which persons who commit murder do so against certain prosecuting attorneys with retaliatory intent. However, this analysis assumes the bill's provisions would not result in a significant impact on state correctional populations, programs, or workloads.