Honorable John Kuempel, Chair, House Committee on Licensing & Administrative Procedures
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2291 by Rinaldi (Relating to the direct shipment of certain alcoholic beverages to ultimate consumers; authorizing a fee; creating a criminal offense.), As Introduced
The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Alcoholic Beverage Code as it relates to the direct shipment of certain alcoholic beverages to ultimate consumers. Under the provisions of the bill, the offense of shipping without an out-of-state winery direct shipper's permit would be expanded to include a permit to ship certain other alcoholic beverages. The bill would also create a new offense for shipping without a retailer direct shipper's permit. The expanded offense and the new offense would be punished by a misdemeanor or a felony, depending upon the specific circumstances of the offense.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment and an optional fine not to exceed $10,000.
Expanding the circumstances for which a criminal penalty is applied and creating a new criminal offense are expected to result in increased demands on the correctional resources of the counties or of the State due to a potential increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2016, fewer than 10 individuals were arrested, fewer than 10 were placed under felony community supervision, and fewer than 10 were admitted into state correctional institutions for shipping without an out-of-state winery direct shipper's permit punishable by a felony under existing statute. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.