The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Penal Code to add elderly and disabled individuals to the statute, which in its current form, makes it an offense to abandon or endanger a child.  This offense would be punished at multiple felony levels with the punishment level based on the specific circumstances of the offense.

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 of 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 optional fine not to exceed $10,000.

Expanding the list of behaviors for which a criminal penalty can be applied is expected to result in additional demands upon the correctional resources of counties or of the state due to an increase in individuals placed under community supervision or sentenced to a term of confinement within state correctional institutions.  The bill may have a negative population impact by increasing the number of people placed under felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant impact on state correctional populations cannot be determined due to the lack of data or information related to the number of people who would be prosecuted for abandoning or endangering an elderly or disabled individual. In fiscal year 2018, 2,977 people were arrested, 675 were placed under community supervision, and 294 were admitted into state correctional institutions for the offense of abandoning or endangering a child.