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 theft of service. Under the provisions of the bill, in certain circumstances, the amount of time an actor has to return property held under a rental agreement before intent to avoid payment is presumed would be modified, the amount of time until an actor is presumed to have received notification to pay would be reduced, and the definitions of written rental agreement, business day, and service would be clarified. 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. 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. 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 level offenses are also subject to an option 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, an optional fine not to exceed $4,000. 

Whether the bill would have a significant impact on state correctional populations is indeterminate due to a lack of statewide information on the type and conditions of written rental agreements.  In fiscal year 2018, 421 people were arrested, 99 were placed under felony community supervision, and 19 were admitted into state correctional institutions for the theft of service offenses for which changes are proposed.