The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Code of Criminal Procedure as it relates to the prosecution of certain criminal offenses involving fraud. These fraud-related offenses currently punishable at the misdemeanor and felony levels.   

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 felonies may be subject to an optional fine not to exceed $10,000.

Expanding the type of offenses for which it is not required to prove that the defendant committed the act with intent to defraud any particular person is expected to result in additional demands on the correctional resources of the counties or of the State due to either an increase in individuals placed or longer periods of time under supervision in the community, sentenced to terms of confinement in state correctional institutions, or placed under parole supervision. In fiscal year 2018, for the fraud-related offenses specified in the bill, 10,395 people were arrested, 2,181 were placed on felony direct supervision, and 2,644 were admitted into state correctional institutions under existing statute. This analysis assumes the provisions of the bill would not result in a significant impact on state correctional populations or on the demand for state correctional resources.