The provisions of the bill addressed by this analysis would amend the Penal Code to enhance the punishment for certain offenses if committed on the premises of a bathroom or changing facility. Under the provisions of the bill, the punishment for certain offenses would be enhanced to the next higher category of offense and the minimum term of confinement for certain first degree felony offenses would be set at 15 years.

A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years; a second degree felony from 2 to 20 years; a third degree felony from 2 to 10 years; and a state jail felony by confinement in a state jail for a term from 180 days to 2 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. 

Enhancing the punishment for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. The bill may increase the number of individuals under felony community supervision, incarcerated within state correctional institutions, or placed under parole supervision. Whether the bill would result in a significant population impact is indeterminate due to lack of statewide data related to the location where the offense occurred. A statewide repository containing the level of detail necessary to isolate those individuals arrested, placed under felony community supervision, or incarcerated for committing certain offenses under the circumstances in which the offense would be enhanced or for which a minimum length of confinement would be set is not available. Selecting the offense of assault, in fiscal year 2016, 52,566 individuals were arrested and 8,591 were placed under misdemeanor community supervision.  Under the provisions of the bill, this offense would be enhanced to a state jail felony if committed on the premises of a bathroom or changing facility. If convicted of a state jail felony, an individual can be sentenced to a term of confinement in a state jail, placed under felony community supervision, or receive Class A Misdemeanor punishment. Additionally the bill's provisions would set the minimum term of confinement at 15 years for certain first degree felony offenses. In fiscal year 2016, the average time served by those individuals for the first degree felony offenses outlined in the bill's provision was 7.8 years. Under the provisions of the bill, the time served for individuals meeting the bill's provisions could be increased by 7.2 years.