The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to split the offense of prostitution into two separate offenses depending on whether the party is a buyer or seller.

Under current law prostitution is a state jail felony if the person has previously been convicted three or more times of the offense.  Under the provisions of the bill, the two separate offenses remain a state jail felony if the person has previously been convicted three or more times of the offense, regardless of whether the party is a buyer or seller. A state jail felony is punishable by confinement in a state jail for 180 days to two years, and in addition to confinement, an optional fine not to exceed $10,000.

In fiscal year 2014, 949 people were arrested, 170 were placed under felony community supervision, and 455 were admitted to state correctional institutions for prostitution.  This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant impact on state correctional agencies.