The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code by enhancing the punishment for the offense of misuse of official information by a public servant. Under the provisions of the bill, misuse of official information would be punishable at certain felony degrees, with the punishment degree based on the specifics of the offense.

A first degree felony is punishable by confinement in prison for life or five to 99 years, a second degree felony for two to 20 years, and a third degree felony for two to ten years. In addition to confinement certain felony level offenses are subject to an optional fine not to exceed $10,000.

Enhancing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the state due to longer terms of supervision in the community or longer terms of confinement state correctional institutions. In fiscal year 2014, 15 people were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted to state correctional institutions for misuse of official information. This analysis assumes the provisions of the bill would not significantly impact state correctional populations, programs, or workloads.