The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code as it relates to fraud. The bill would amend the Penal Code as it relates to financial abuse of an elderly individual. Under the provisions of the bill, engaging in certain behaviors, which constitute financial abuse, would be punishable as a felony, and the degree of the felony would be determined by the pecuniary value of the property of which the victim was deprived.

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 Class A misdemeanor punishment. In addition to confinement, most felony offenses are subject to an option fine not to exceed $10,000.

Creating a new offense is expected to result in additional demands upon the correctional resources of the counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. In fiscal year 2018, 108 persons were arrested, 22 were placed under felony community supervision, and 16 were admitted into state correctional institutions for the related offense of exploitation of a child, elderly individual, or disabled individual. 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.