The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to enhance the penalty for the offense of official oppression from a Class A misdemeanor to a state jail felony if the offense is committed against a public school student on school property or during a school-related activity.

A state jail felony is punishable by confinement in a state jail for 180 days to two years and an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000.

This bill's provisions increase the penalty for official oppression, and this penalty adjustment is expected to increase demands on state correctional resources by increasing the number of offenders eligible for placement under felony community supervision and incarceration in state correctional facilities. In fiscal year 2014, 45 people were arrested and 25 people were placed under misdemeanor community supervision for official oppression. A statewide repository containing the level of detail necessary to isolate those individuals arrested or placed under misdemeanor community supervision for official oppression under the circumstances in which the offense would be enhanced is not currently available. This analysis assumes the bill's provisions would not result in a significant impact on state correctional populations, programs, or workloads.