The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to create the criminal offense of mail theft. Under the provisions of the bill, mail theft would be punishable on varying misdemeanor and felony levels depending on the number of addressees. The offense would be enhanced as outlined in the bill if the addressee was a disabled or elderly individual or if it was shown at trial the mail was stolen with the intent of using the contents to commit another offense.

A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years; a second degree felony is punishable by confinement in prison for a term from 2 to 20 years; 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 a term from 180 days to 2 years or a class A misdemeanor. In addition to confinement, most felonies have an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000. 

 
Creating a criminal offense is expected to result in additional demands on the correctional resources of the counties or of the State due to an increase in individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. The bill may have a negative population impact by increasing the number of people under felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant population impact is indeterminate due to the lack of information on the number of persons to which the mail was addressed, whether the addressee was a disabled or elderly individual, or whether the mail was stolen with the intent of using the contents to commit another offense. This information is necessary to identify the cases affected by the provisions of the bill from all other theft of property cases.