Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB383 by Murphy (Relating to enhancing the penalties for certain repeat and habitual offenders.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to certain repeat and habitual misdemeanor offenders. Under the provisions of the bill, certain misdemeanor offenses would be enhanced to a felony if the individual has had certain previous convictions within the past ten years. The bill would enhance the punishment for certain misdemeanor offenses to a state jail felony or a third degree felony depending on the specific circumstances of the offense.
A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and a state jail felony is punishable by confinement in a state jail for 180 days to two years or Class A Misdemeanor punishment. In addition to confinement, all felony level offenses are subject to an optional fine not to exceed $10,000. A Class A Misdemeanor is punishable by confinement in a county jail for a term not to exceed one year and/or a fine not to exceed $4,000.
Enhancing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of the county or of the State due to additional individuals potentially placed under supervision in the community, incarcerated in state correctional institutions, and placed under parole supervision. In fiscal year 2016, 337 individuals placed under misdemeanor community supervision would be subject to the bill's enhancement provisions. Based on an analysis of state jail case dispositions and the criminal histories of those under misdemeanor community supervision, the number of individuals subject to the enhancement provisions would not result in a significant impact on the demand for state correctional resources.