The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Code of Criminal Procedure and Penal Code to enhance the penalty and increase the statute of limitations for the offense of official oppression. 
 
Under the provisions of the bill, the statute of limitations for official oppression would be increased from two years to no limitation and the punishment would be enhanced from a Class A misdemeanor to a third degree felony when the offense consists of the intentional or knowing suppression of evidence favorable to a defendant and material to the defendant's guilt or punishment in a criminal trial.  A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000.  A third degree felony is punishable by confinement in prison for two to ten years and an optional fine not to exceed $10,000.

 
This bill's provisions increase the penalty for official oppression and this penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for placement on felony community supervision and confinement in state correctional facilities.  In fiscal year 2014, 50 people were arrested and 14 people were placed on misdemeanor community supervision for official oppression.  A statewide repository containing the level of detail necessary to isolate those individuals arrested or placed on misdemeanor community supervision for official oppression under the circumstances in which the offense would be enhanced is not currently available.  This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies.