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 the prosecution of the criminal offense of organized retail theft. Under the provisions of the bill, a person would commit an offense if the person engaged in conduct as outlined in the bill with the intent to facilitate the redistribution of retail merchandise. Under current statute, organized retail theft is punishable at varying misdemeanor and felony levels depending on the value of the merchandise and specific circumstances of the offense. 

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 a Class A misdemeanor punishment. In addition to confinement, most felonies can be 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, an optional fine not to exceed $4,000.

Reducing the circumstances in which a criminal penalty can be applied is expected to result in fewer demands upon the correctional resources of counties or of the State due to a potential decrease in the number of individuals placed under supervision in the community or sentence to a term of confinement within state correctional institutions. In fiscal year 2018, for felony offenses of organized retail theft, 66 people were arrested, 14 people were placed under felony direct community supervision, and 22 people were admitted into state correctional institutions. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.