The provisions of the bill addressing felony sanctions for criminal offenses are the subject of this analysis. The bill would amend the Penal Code relating to criminal offenses involving filming, recording, photographing, documenting, or observing a peace officer. Under the provisions of the bill, a law enforcement officer or employee of a law enforcement agency that alters, destroys, or conceals certain audio or visual recordings without the written consent of the owner would commit an offense punishable as a third degree felony.

A third degree felony is punishable by confinement in prison for a term of two to 10 years and an optional fine not to exceed $10,000.

Expanding the list of behaviors for which a criminal penalty can be applied is expected to increase correctional supervision and/or incarceration populations and thereby increase demands on county and/or state correctional resources. This analysis assumes implementing the provisions of the bill would not result in a significant impact on state correctional populations, programs, or workloads.