The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Health and Safety Code to enhance criminal punishments for the offense of manufacture, delivery, or possession of miscellaneous substances from a class A misdemeanor to a state jail felony or third degree felony for persons with previous convictions of the same offense. 

Increasing the punishment from a misdemeanor to a felony is expected to result in increased demands upon state correctional resources due to additional persons potentially placed under felony community supervision or admitted into state correctional institutions. In fiscal year 2014, 60 people were arrested and 12 were placed under misdemeanor community supervision for the offense of manufacture, delivery, or possession of miscellaneous substances. Under the provisions of the bill, persons with previous convictions of the same offense would be prosecuted for a state jail felony or third degree felony with the prosecution based on the number of previous convictions. This analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.