The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to clarify the definition of the term written rental agreement. Under current statute, an offense under this section can be a misdemeanor or felony based on the pecuniary value of the service stolen.

A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000. A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment.

The bill may have a positive population impact by decreasing the number of people on felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant impact on state correctional populations is indeterminate due to the lack of information on the type and conditions of written rental agreements. In fiscal year 2018, 1,936 people were arrested, 135 people were placed on felony direct community supervision, and 19 people were incarcerated for offenses related to theft of service.