The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend various codes as they relate to the offense of obstruction or retaliation. Under the provisions of the bill, posting certain information about a public servant or certain persons associated with the public servant with the intent to cause harm or threat of harm would be punishable as a third degree or second degree felony depending on the circumstances of the offense.

A second degree felony is punishable by confinement in prison for 2 to 20 years and a third degree felony for 2 to 10 years. In addition to confinement, certain felony level offenses are subject to an optional fine not to exceed $10,000.

Expanding the list of behaviors for which a criminal penalty can be applied is expected to increase correctional supervision and/or incarceration populations and thereby increase demands on county and/or state correctional resources. In fiscal year 2014, 1,437 people were arrested, 229 were placed under felony community supervision, and 293 were admitted into state correctional facilities for the offense of obstruction and retaliation. This analysis assumes the provisions of the bill would not result in a significant impact on state correctional populations, programs, or workloads.