The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Code of Criminal Procedure and the Penal Code as they relate to certain offenses committed because of bias or prejudice. Under the provisions of the bill, the offense of false alarm or report would be enhanced to the punishment prescribed for the next higher category of offense if an affirmative finding of bias or prejudice is found by a court. Under existing statute, false alarm or report is punishable as a Class A misdemeanor or state jail 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 a third degree felony is punishable by confinement in prison for a term from 2 to 10 years.  In addition to confinement, felony offenses are subject to 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, a fine not to exceed $4,000. 

Increasing the penalty for any offense is expected to result in increased demands upon the correctional resources of the state due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. In fiscal year 2018, 290 people were arrested for the felony offenses and 359 people were arrested for the misdemeanor offenses addressed by the bill's provisions.  In fiscal year 2018, fewer than ten people were placed under felony community supervision, 33 people were placed under misdemeanor community supervision and fewer than ten people were admitted into state correctional institutions for the offenses subject to bill's enhancement provision.  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.