The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to provide a defense to prosecution for the offense of resisting arrest, search, or transportation if the arrest or search was unlawful. The bill would also provide a defense to prosecution for the offenses or escape and permitting or facilitating escape if the custody was unlawful.

In fiscal year 2014, 83 people were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted to correctional institutions for the felony offense of resisting arrest, search or transportation. In fiscal year 2014, 315 people were arrested, 46 were placed under felony community supervision, and 110 were admitted to correctional institutions for the felony offense of escape. In fiscal year 2014, fewer than 10 people were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted to correctional institutions for the felony offense of permitting or facilitating escape. 

Data are not available to determine which of the above arrests, placements under community supervision, and admissions to state correctional institutions were under unlawful circumstances. However, this analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.