The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Penal Code to create the offense of false report of misconduct by emergency responders which would be punished as the greater of one category of offense lower than the most serious offense falsely reported or a Class A misdemeanor.  Under existing statute, the offense of false report to a peace officer, federal special investigator, or law enforcement employee is punished as a Class B misdemeanor.
 
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; a third degree felony is punishable by confinement in prison for 2 to 10 years; a second degree felony is punishable by confinement in prison for 2 to 20 years; and a first degree felony is punishable by confinement in prison for 5 to 99 years or life.  In addition to confinement, most 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.  A Class B Misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000.
 
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 longer terms of supervision in the community or longer terms of confinement in state correctional institutions. In fiscal year 2018, 1,073 people were arrested and 189 people were placed under misdemeanor community supervision for offense of false report to a peace officer, federal special investigator, or law enforcement employee. 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.