The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to enhance the punishment for prostitution depending on the actor's role in the encounter. Under the provisions of the bill, the punishment for the buyer would be increased from a class A misdemeanor to a state jail felony, and from a state jail felony to a third degree felony, depending upon the circumstances.

A Class A misdemeanor is punishable by confinement in jail for a term not to exceed one year and an optional fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for 180 days to two years. A third degree felony is punishable by confinement in prison for two to ten years. In addition to confinement all felony level offenses are subject to an optional fine not to exceed $10,000.

Increasing 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 in state correctional institutions. The bill would have a negative population impact by increasing the number of people on felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant increase in correctional populations and demands on state correctional resources is indeterminate due to a lack of statewide data on the individual's role in the encounter, specifically which of these individuals served as the buyer in the encounter and would therefore be eligible for the penalty enhancement outlined in the bill's provisions. In fiscal year 2014, 357 people were arrested and 31 were placed under misdemeanor community supervision for prostitution which is currently punished as a class A misdemeanor.  In fiscal year 2014, 948 people were arrested, 167 were placed under felony community supervision, and 455 were admitted to state correctional institutions for prostitution which is currently punished as a state jail felony.