The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to expand the offense of unlawful use of a pen register or trap and trace device to include the unlawful use of a cell site simulator device.  Under the provisions of the bill both the unlawful use of a cell site simulator device and knowingly obtaining and using cell site information to engage in certain activities would be state jail felonies. 

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 in addition to confinement, an optional fine not to exceed $10,000.

Expanding the list of behaviors for which a penalty can be applied is expected to result in additional demands upon the correctional resources of the state due to more people being placed on supervision in the community and admitted to state correctional institutions. In fiscal year 2018, fewer than 10 people were arrested, placed under felony community supervision, or admitted to state correctional institutions for the offense of unlawful use of a pen register or trap and trace device under existing statute. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or the demand for state correctional resources.