Honorable Craig Estes, Chair, Senate Committee on Natural Resources & Economic Development
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB208 by West (Relating to the regulation of metal recycling entities; providing an administrative penalty; 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 Occupations Code as it relates to the regulation of metal recycling entities. Under the provisions of the bill, knowingly selling or purchasing certain explosive components or weapons would be punishable as a misdemeanor or felony with the punishment level based on the specific circumstances of the offense. The bill would also make certain activities that result in an individuals death or serious bodily injury punishable as a second degree felony.
A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and a third degree felony is punishable by confinement in prison for a term from 2 to 10 years. In addition to confinement, all felony level offenses are subject to an optional fine not to exceed $10,000.
Creating a new offense for which a criminal penalty is applied is expected to result in increased demands upon the correctional resources of counties or of the State due to a potential increase in the number of individuals sentenced to a term of supervision in the community or a term of confinement in state correctional institutions. However, 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.